ALBANY — State Police said it will not “take criminal enforcement action" against gun owners who unknowingly fail to re-certify their pistol permits by the Jan. 31 deadline.
State and local leaders across upstate New York have urged State Police to delay the deadline, saying it would give gun owners more time to apply and alleviate a backlog of paperwork in county offices.
But Gov. Andrew Cuomo and State Police have shown no willingness to delay the Jan. 31 deadline that was installed in 2013 as part of the controversial gun-control law, known as the SAFE Act.
Instead, State Police spokesman William Duffy said there are no plans to penalize gun owners who fail to meet the deadline.
"State Police will not take criminal enforcement action against permit holders who unknowingly fail to recertify by the upcoming deadline," Duffy said.
"Since our goal in compliance, we want to ensure that all permit holders required to recertify have an opportunity to do so."
The law requires pistol permits to be recertified ever five years.
So for anyone who received a permit prior to Jan. 15, 2013, they must submit their recertification by the end of the month to keep their certification.
Duffy said the goal is to be able to have updated records on current pistol permit holders.
"This is essentially a record-keeping exercise," Duffy said.
"We don’t really know how accurate our pistol permit records are because they go back decades."
Previous to the SAFE Act, once a pistol permit was issued, it did not have to be recertified, though certain counties, including Westchester, did already require it.
Some state lawmakers and county clerks have raised concerns about the deadlines, urging Governor Cuomo to delay the deadline.
Erie County Clerk Mickey Kearns says from his perspective as a former state lawmaker who voted against the SAFE Act, the deadline is actually part of the law. So he warns technically that
failure to re-certify would be considered a revocation of the gun license, which could require firearms to be surrendered to authorities and also could lead to criminal charges.That is why Kearns still urges permit holders to re-certify by that end of January deadline.
State Sen. Robert Ortt, R-North Tonawanda, Niagara County, has been critical of the deadline, but Wednesday called State Police’s position a “practical move and the right move.”
“There are tens of thousands of pistol-permit holders across the state that under the statute could very well become criminals and have a misdemeanor because it doesn’t get in in time, they didn’t get the proper notification or what have you,” Ortt said.
“I don’t think that’s good for New York state, and I don’t think that was the intent of the SAFE Act.”
About 300,000 permit holders were notified last year about upcoming deadline. It is free to register.
Pistol recertification can be done online or in person at any State Police location.
To re-certify, visit troopers.ny.gov/firearms.
Then click "Pistol / Revolver License Recertification" if you wish to complete the process online.
Otherwise, you can download a paper version and mail the completed form to New York State Police, Pistol Permit Bureau, Building 22, 1220 Washington Ave., Albany, NY 12226-2252.
For more information about the law and the recertification process, visit: https://safeact.ny.gov