Bill Text: NY A01589 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires a purchaser of any firearm, rifle or shotgun to submit to a mental health evaluation and provide the seller with his or her approval to purchase such firearm.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced) 2019-01-15 - referred to codes [A01589 Detail]

Download: New_York-2019-A01589-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1589
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 15, 2019
                                       ___________
        Introduced  by  M. of A. ABINANTI, TAYLOR, D'URSO, ORTIZ, VANEL, JAFFEE,
          PAULIN, BENEDETTO, SEAWRIGHT, ARROYO -- Multi-Sponsored by -- M. of A.
          COOK -- read once and referred to the Committee on Codes
        AN ACT to amend the general business law, the mental hygiene law and the
          penal law, in relation to requiring a mental health  evaluation  prior
          to the purchase of any firearm, rifle or shotgun
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 897 of the  general  business  law  is  amended  by
     2  adding a new subdivision 1-a to read as follows:
     3    1-a.  Before any sale, exchange, or disposal pursuant to this article,
     4  a purchaser of any firearm, rifle or shotgun shall submit  to  a  mental
     5  health  evaluation  and  provide  the  seller  with  proof of his or her
     6  approval to purchase such firearm, rifle or shotgun pursuant to subdivi-
     7  sion (l) of section 7.09 of the mental hygiene law.
     8    § 2. Subdivision 1 of section 898 of  the  general  business  law,  as
     9  added by chapter 1 of the laws of 2013, is amended and a new subdivision
    10  2-a is added to read as follows:
    11    1. In addition to any other requirements pursuant to state and federal
    12  law,  all  sales, exchanges or disposals of firearms, rifles or shotguns
    13  shall be conducted in accordance with this  section  unless  such  sale,
    14  exchange  or disposal is conducted by a licensed importer[,] or licensed
    15  manufacturer [or licensed dealer], as those terms are defined in 18  USC
    16  §  922,  when  such  sale, exchange or disposal is conducted pursuant to
    17  that person's federal  firearms  license  [or  such  sale,  exchange  or
    18  disposal is between members of an immediate family. For purposes of this
    19  section, "immediate family" shall mean spouses, domestic partners, chil-
    20  dren and step-children].
    21    2-a.  Before any sale, exchange, or disposal pursuant to this article,
    22  a purchaser of any firearm, rifle or shotgun shall submit  to  a  mental
    23  health  evaluation  and  provide  the  seller  with  proof of his or her
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05237-01-9

        A. 1589                             2
     1  approval to purchase such firearm, rifle or shotgun pursuant to subdivi-
     2  sion (l) of section 7.09 of the mental hygiene law.
     3    § 3. Section 7.09 of the mental hygiene law is amended by adding a new
     4  subdivision (l) to read as follows:
     5    (l)  The  commissioner  shall  establish  within  the office of mental
     6  health an administrative process for the mental health evaluation of any
     7  individual prior to such individual's purchase of any firearm, rifle  or
     8  shotgun.  The commissioner shall promulgate regulations to establish the
     9  mental health evaluation process, which shall include, but not be limit-
    10  ed to, provisions relating  to:  (1)  the  mental  health  professionals
    11  approved  to  perform such evaluation, (2) the process for evaluation by
    12  such mental health professionals and (3) the development of a  standard-
    13  ized  form  to be used by the mental health professional performing such
    14  evaluation to approve or deny an individual for purchase of  a  firearm,
    15  rifle  or  shotgun.  The  denial  of  an  individual for purchase of any
    16  firearm, rifle or shotgun may  be  reviewed  de  novo  pursuant  to  the
    17  proceedings  under  article  seventy-eight of the civil practice law and
    18  rules.
    19    § 4. Subdivision 3 of section 265.17 of the penal  law,  as  added  by
    20  chapter  1  of  the  laws of 2013, is amended and a new subdivision 4 is
    21  added to read as follows:
    22    3. Knowing that another person is prohibited by law from possessing  a
    23  firearm,  rifle  or  shotgun because of a prior conviction or because of
    24  some other disability which  would  render  him  or  her  ineligible  to
    25  lawfully  possess  a  firearm,  rifle or shotgun in this state, a person
    26  disposes of a firearm, rifle or shotgun to such other person[.]; or
    27    4. Knowing that a mental health evaluation  is  required  pursuant  to
    28  subdivision  (l)  of  section  7.09 of the mental hygiene law, he or she
    29  either purchases or disposes of a firearm, rifle or shotgun without such
    30  mental health evaluation approval for purchase.
    31    § 5. This act shall take effect on the one hundred eightieth day after
    32  it shall have become a law. Effective immediately, the addition,  amend-
    33  ment and/or repeal of any rule or regulation necessary for the implemen-
    34  tation  of  this act on its effective date are authorized to be made and
    35  completed on or before such date.
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