Bill Text: NY A00565 | 2023-2024 | General Assembly | Amended

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Bill Title: Relates to establishing a voluntary waiver of the right to purchase firearms, rifles or shotguns; requires the division of state police to maintain statewide records of individuals who have waived the right to purchase firearms, rifles, or shotguns and any revocations of such waivers.

Spectrum: Moderate Partisan Bill (Democrat 9-1)

Status: (Introduced) 2024-01-31 - print number 565a [A00565 Detail]

Download: New_York-2023-A00565-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         565--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     January 9, 2023
                                       ___________

        Introduced  by  M.  of  A.  PAULIN,  DINOWITZ, FAHY, SEAWRIGHT, DICKENS,
          LUPARDO, OTIS, K. BROWN -- read once and referred to the Committee  on
          Governmental  Operations  --  recommitted  to the Committee on Govern-
          mental Operations in accordance  with  Assembly  Rule  3,  sec.  2  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        AN ACT to amend the executive law, in relation to establishing a  volun-
          tary waiver of the right to purchase firearms, rifles, or shotguns

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The executive law is amended by adding a new section  221-e
     2  to read as follows:
     3    §  221-e.  Voluntary  waiver of right to purchase firearms, rifles, or
     4  shotguns.  1. An individual may file a voluntary waiver of the right  to
     5  purchase  a firearm, rifle or shotgun with the division of state police,
     6  in a manner that shall be determined by the superintendent.  Such  indi-
     7  vidual  shall  then  be  prohibited from purchasing firearms, rifles and
     8  shotguns. The division of state police  shall  verify  the  individual's
     9  identity  prior to accepting such form. The individual filing the waiver
    10  may provide an additional individual to be contacted if  the  waiver  is
    11  revoked as set forth in subdivision three of this section.
    12    2.  The  division  of state police shall maintain statewide records of
    13  individuals who waive the right to purchase firearms, rifles or shotguns
    14  as set forth in subdivision one of this section and revocations of  such
    15  waivers  as set forth in subdivision three of this section. Such records
    16  shall be maintained for internal use  in  a  manner  determined  by  the
    17  superintendent.  The  division  of  state police shall enter each waiver
    18  into the national instant criminal background check system and any other
    19  federal or state computer-based systems used by law enforcement agencies
    20  or others to identify prohibited  purchasers  of  firearms,  rifles  and
    21  shotguns within twenty-four hours of receipt of the waiver.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02126-02-4
        A. 565--A                           2

     1    3. An individual may file a revocation of the waiver with the division
     2  of  state  police  in a form that shall be determined by the superinten-
     3  dent. The division of state police shall verify the individual's identi-
     4  ty prior to accepting such revocation.  Twenty-one days after  receiving
     5  the revocation, the division of state police shall remove the individual
     6  from the national instant criminal background check system and any other
     7  federal or state computer-based systems used by law enforcement agencies
     8  or  others  to  identify  prohibited  purchasers of firearms, rifles and
     9  shotguns, to indicate that the individual  is  no  longer  a  prohibited
    10  purchaser of firearms, rifles or shotguns due to the voluntary waiver.
    11    4.  A  waiver pursuant to this section may not be required of an indi-
    12  vidual as a condition for receiving employment, benefits or services.
    13    5. No records required by this section shall be subject to  disclosure
    14  and  shall  be confidential with respect to all matters involving health
    15  care, employment, education, housing,  insurance,  government  benefits,
    16  and contracting.
    17    6. Any information about an individual that is contained in, or trans-
    18  mitted  to,  the  division  of  state  police  shall not be used for any
    19  purpose other than to determine the eligibility  of  the  individual  to
    20  receive a firearm.
    21    7.  Any person who knowingly makes a false statement or representation
    22  regarding his or her identity when submitting a voluntary waiver of  the
    23  right  to purchase a firearm, rifle or shotgun shall be guilty of offer-
    24  ing a false instrument for filing in the second degree,  as  defined  by
    25  section 175.30 of the penal law.
    26    §  2.  This  act shall take effect on the ninetieth day after it shall
    27  have become a law.