Bill Text: NY S08223 | 2017-2018 | 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 2-0)
Status: (Introduced - Dead) 2018-04-19 - REFERRED TO CONSUMER PROTECTION [S08223 Detail]
Download: New_York-2017-S08223-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8223 IN SENATE April 19, 2018 ___________ Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection 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 or18disposal is between members of an immediate family. For purposes of this19section, "immediate family" shall mean spouses, domestic partners, chil-20dren 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 24 approval to purchase such firearm, rifle or shotgun pursuant to subdivi- 25 sion (l) of section 7.09 of the mental hygiene law. 26 § 3. Section 7.09 of the mental hygiene law is amended by adding a new 27 subdivision (l) to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14940-02-8S. 8223 2 1 (l) The commissioner shall establish within the office of mental 2 health an administrative process for the mental health evaluation of any 3 individual prior to such individual's purchase of any firearm, rifle or 4 shotgun. The commissioner shall promulgate regulations to establish the 5 mental health evaluation process, which shall include, but not be limit- 6 ed to, provisions relating to: (1) the mental health professionals 7 approved to perform such evaluation, (2) the process for evaluation by 8 such mental health professionals and (3) the development of a standard- 9 ized form to be used by the mental health professional performing such 10 evaluation to approve or deny an individual for purchase of a firearm, 11 rifle or shotgun. The denial of an individual for purchase of any 12 firearm, rifle or shotgun may be reviewed de novo pursuant to the 13 proceedings under article seventy-eight of the civil practice law and 14 rules. 15 § 4. Subdivision 3 of section 265.17 of the penal law, as added by 16 chapter 1 of the laws of 2013, is amended and a new subdivision 4 is 17 added to read as follows: 18 3. Knowing that another person is prohibited by law from possessing a 19 firearm, rifle or shotgun because of a prior conviction or because of 20 some other disability which would render him or her ineligible to 21 lawfully possess a firearm, rifle or shotgun in this state, a person 22 disposes of a firearm, rifle or shotgun to such other person[.]; or 23 4. Knowing that a mental health evaluation is required pursuant to 24 subdivision (l) of section 7.09 of the mental hygiene law, he or she 25 either purchases or disposes of a firearm, rifle or shotgun without such 26 mental health evaluation approval for purchase. 27 § 5. This act shall take effect on the one hundred eightieth day after 28 it shall have become a law. Effective immediately, the addition, amend- 29 ment and/or repeal of any rule or regulation necessary for the implemen- 30 tation of this act on its effective date are authorized to be made and 31 completed on or before such date.