Bill Text: NY S07605 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to access to foreign state records concerning previous or present mental illness of applicants for firearms licenses.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2018-01-30 - REFERRED TO CODES [S07605 Detail]

Download: New_York-2017-S07605-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7605
                    IN SENATE
                                    January 30, 2018
                                       ___________
        Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
        AN ACT to amend the penal law, in relation to access  to  foreign  state
          records
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 4 of  section  400.00  of  the  penal  law,  as
     2  amended by chapter 1 of the laws of 2013, is amended to read as follows:
     3    4.  Investigation.  Before a license is issued or renewed, there shall
     4  be an investigation of all statements required in the application by the
     5  duly constituted police authorities of the locality where such  applica-
     6  tion is made, including but not limited to such records as may be acces-
     7  sible  to  the  division of state police or division of criminal justice
     8  services pursuant to section 400.02 of this article. For  that  purpose,
     9  the  records  of  the  appropriate  office  of  the department of mental
    10  hygiene concerning previous or present mental illness of  the  applicant
    11  shall  be  available  for inspection by the investigating officer of the
    12  police authority. Where the applicant is domiciled in a  foreign  state,
    13  the investigation shall include inquiry of the foreign state for records
    14  concerning the previous or present mental illness of the applicant, and,
    15  to the extent necessary for inspection by the investigating officer, the
    16  applicant  shall  execute  a waiver of confidentiality of such record in
    17  such form as may be required by the foreign state. In order to ascertain
    18  any previous criminal record, the investigating officer shall  take  the
    19  fingerprints  and  physical  descriptive  data  in quadruplicate of each
    20  individual by whom the application is signed and verified. Two copies of
    21  such fingerprints shall be taken on  standard  fingerprint  cards  eight
    22  inches  square,  and  one  copy may be taken on a card supplied for that
    23  purpose by the federal bureau of investigation; provided, however,  that
    24  in  the  case  of  a  corporate applicant that has already been issued a
    25  dealer in firearms license and seeks to operate a firearm dealership  at
    26  a  second  or subsequent location, the original fingerprints on file may
    27  be used to ascertain any criminal record in  the  second  or  subsequent
    28  application  unless any of the corporate officers have changed since the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14477-01-8
        S. 7605                             2
     1  prior application, in which case the new corporate officer shall  comply
     2  with  procedures governing an initial application for such license. When
     3  completed, one standard card shall be forwarded to and retained  by  the
     4  division  of  criminal  justice services in the executive department, at
     5  Albany. A search of the files of such division and written  notification
     6  of  the results of the search to the investigating officer shall be made
     7  without unnecessary delay. Thereafter, such division  shall  notify  the
     8  licensing  officer  and  the  executive  department,  division  of state
     9  police, Albany, of any criminal record of the  applicant  filed  therein
    10  subsequent  to  the  search of its files. A second standard card, or the
    11  one supplied by the federal bureau of investigation, as the case may be,
    12  shall be forwarded to that bureau at Washington with a request that  the
    13  files  of  the bureau be searched and notification of the results of the
    14  search be made to the investigating police authority. Of  the  remaining
    15  two fingerprint cards, one shall be filed with the executive department,
    16  division  of state police, Albany, within ten days after issuance of the
    17  license, and the other remain on  file  with  the  investigating  police
    18  authority.  No  such  fingerprints  may be inspected by any person other
    19  than a peace officer, who is acting  pursuant  to  his  or  her  special
    20  duties,  or a police officer, except on order of a judge or justice of a
    21  court of record either upon notice to the licensee or without notice, as
    22  the judge or justice may deem appropriate. Upon completion of the inves-
    23  tigation, the police authority shall report the results to the licensing
    24  officer without unnecessary delay.
    25    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    26  have become a law.