NY State Assembly Bill 2009-A7733

Assembly Bill A7733

2009-2010 Legislative Session

Authorizes a court to revoke the firearms license and seize the weapons of certain individuals

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 21, 2010	referred to codes delivered to senate passed assembly
Jan 06, 2010	ordered to third reading cal.516 returned to assembly died in senate
Apr 28, 2009	referred to codes delivered to senate passed assembly
Apr 27, 2009	ordered to third reading rules cal.28 rules report cal.28 reported reported referred to rules
Apr 24, 2009	print number 7733a
Apr 24, 2009	amend (t) and recommit to codes
Apr 23, 2009	referred to codes

Bill Amendments

Original

A (Active)

2009-A7733 - Details

Current Committee:: Senate Codes
Versions Introduced in 2011-2012 Legislative Session:: A3081

2009-A7733 - Summary

Authorizes courts to revoke firearms license and seize the weapons of certain individuals.

2009-A7733 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7733

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 23, 2009
                               ___________

Introduced  by M. of A. LUPARDO, LENTOL -- read once and referred to the
  Committee on Codes

AN ACT to amend the penal law,  the  criminal  procedure  law,  and  the
  mental  hygiene  law,  in relation to registry of persons disqualified
  from purchasing a firearm

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Subparagraph  (f)  of  paragraph  1 of subdivision a of
section 265.20 of the penal law, as amended by chapter 578 of  the  laws
of 2006, is amended to read as follows:
  (f)  A  person  [voluntarily]  surrendering  OR  OTHERWISE VOLUNTARILY
DELIVERING such weapon, instrument,  appliance  or  substance,  provided
that  such surrender shall be made to the superintendent of the division
of state police or a member thereof designated by  such  superintendent,
or  to the sheriff of the county in which such person resides, or in the
county of Nassau or in the towns  of  Babylon,  Brookhaven,  Huntington,
Islip  and  Smithtown  in  the  county of Suffolk to the commissioner of
police or a member of the police department thereof designated  by  such
commissioner,  or  if such person resides in a city, town other than one
named in this subparagraph, or village to  the  police  commissioner  or
head  of  the  police  force or department thereof or to a member of the
force or  department  designated  by  such  commissioner  or  head;  and
provided,  further, that the same shall be surrendered by such person in
accordance with such terms and conditions as may be established by  such
superintendent,  sheriff,  police  force  or department. Nothing in this
paragraph shall be construed as granting immunity from  prosecution  for
any crime or offense except that of unlawful possession of such weapons,
instruments,  appliances or substances surrendered as herein provided. A
person who possesses any such weapon, instrument, appliance or substance
as an executor or administrator or any other lawful  possessor  of  such
property of a decedent may continue to possess such property for a peri-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10701-02-9

A. 7733                             2

od  not  over fifteen days. If such property is not lawfully disposed of
within such period the possessor shall  deliver  it  to  an  appropriate
official  described  in this paragraph or such property may be delivered
to  the  superintendent  of state police. Such officer shall hold it and
shall thereafter deliver it on the written  request  of  such  executor,
administrator  or  other  lawful  possessor  of such property to a named
person, provided such named  person  is  licensed  to  or  is  otherwise
lawfully  permitted  to  possess  the same. If no request to deliver the
property is received by such official within one year of the delivery of
such property, such official shall dispose of it in accordance with  the
provisions of section 400.05 of this chapter.
  S  2.  Subdivision 6 of section 400.05 of the penal law, as amended by
chapter 578 of the laws of 2006, is amended to read as follows:
  6. A firearm or other weapon which is surrendered AS REQUIRED BY COURT
ORDER, or is otherwise voluntarily delivered pursuant to section  265.20
of  this  chapter and which has not been declared a nuisance pursuant to
subdivision one of this section, shall be retained by  the  official  to
whom  it was delivered for a period not to exceed one year. Prior to the
expiration of such time period, a person who surrenders a firearm  shall
have  the right to arrange for the sale, or transfer, of such firearm to
a dealer in firearms licensed in accordance with this chapter or for the
transfer of such firearm to himself or herself provided that  a  license
therefor  has  been issued in accordance with this chapter. If no lawful
disposition of the firearm or other  weapon  is  made  within  the  time
provided,  the  firearm or weapon concerned shall be declared a nuisance
and shall be disposed of in  accordance  with  the  provisions  of  this
section.
  S 3. Section 330.20 of the criminal procedure law is amended by adding
a new subdivision 2-a to read as follows:
  2-A.  FIREARM,  RIFLE  OR  SHOTGUN  SURRENDER  ORDER.  UPON ENTRY OF A
VERDICT OF NOT RESPONSIBLE BY REASON OF MENTAL  DISEASE  OR  DEFECT,  OR
UPON  THE  ACCEPTANCE  OF  A PLEA OF NOT RESPONSIBLE BY REASON OF MENTAL
DISEASE OR  DEFECT,  THE  COURT  MUST  REVOKE  THE  DEFENDANT'S  FIREARM
LICENSE,  IF  ANY,  INQUIRE  OF  THE  DEFENDANT  AS TO THE EXISTENCE AND
LOCATION OF ANY FIREARM, RIFLE OR SHOTGUN OWNED  OR  POSSESSED  BY  SUCH
DEFENDANT  AND  DIRECT  THE  SURRENDER OF SUCH FIREARM, RIFLE OR SHOTGUN
PURSUANT TO SUBPARAGRAPH (F)  OF  PARAGRAPH  ONE  OF  SUBDIVISION  A  OF
SECTION 265.20 OF THE PENAL LAW.
  S  4.  The  criminal  procedure law is amended by adding a new section
730.55 to read as follows:
S 730.55 FIREARM, RIFLE OR SHOTGUN SURRENDER ORDER.
  WHENEVER A LOCAL CRIMINAL COURT OR  A  SUPERIOR  COURT  FINDS  THAT  A
DEFENDANT  IS AN INCAPACITATED PERSON, THE COURT MUST REVOKE THE DEFEND-
ANT'S FIREARM LICENSE, IF ANY, INQUIRE OF THE DEFENDANT AS TO THE EXIST-
ENCE AND LOCATION OF ANY FIREARM, RIFLE OR SHOTGUN OWNED OR POSSESSED BY
SUCH DEFENDANT AND DIRECT THE SURRENDER OF SUCH FIREARM, RIFLE OR  SHOT-
GUN  PURSUANT  TO  SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF
SECTION 265.20 OF THE PENAL LAW.
  S 5. The mental hygiene law is amended by adding a new section 9.36 to
read as follows:
S 9.36 ISSUANCE OF COURT ORDER AUTHORIZING INVOLUNTARY CARE  AND  TREAT-
         MENT UNDER THIS ARTICLE.
  IN ISSUING ANY ORDER OR DETERMINATION UNDER THIS ARTICLE THAT A PERSON
IS IN NEED OF INVOLUNTARY CARE AND TREATMENT OR THAT THERE IS A NEED FOR
RETENTION  OF  SUCH PERSON, THE COURT SHALL REVOKE SUCH PERSON'S FIREARM
LICENSE, IF ANY, INQUIRE OF THE PERSON AS TO THE EXISTENCE AND  LOCATION

A. 7733                             3

OF  ANY  FIREARM, RIFLE OR SHOTGUN OWNED OR POSSESSED BY SUCH PERSON AND
DIRECT THE SURRENDER OF SUCH  FIREARM,  RIFLE  OR  SHOTGUN  PURSUANT  TO
SUBPARAGRAPH  (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 OF
THE PENAL LAW.
  S  6.  Paragraph  2  of  subdivision (j) of section 9.60 of the mental
hygiene law, as amended by chapter 158 of the laws of 2005,  is  amended
to read as follows:
  (2)  If  after hearing all relevant evidence, the court finds by clear
and convincing evidence that the  subject  of  the  petition  meets  the
criteria  for assisted outpatient treatment, and there is no appropriate
and feasible less restrictive  alternative,  the  court  may  order  the
subject  to  receive assisted outpatient treatment for an initial period
not to exceed six months. In  fashioning  the  order,  the  court  shall
specifically  make  findings  by  clear and convincing evidence that the
proposed treatment is the least restrictive  treatment  appropriate  and
feasible  for  the subject. The order shall state an assisted outpatient
treatment plan, which shall include all categories  of  assisted  outpa-
tient  treatment,  as  set  forth in paragraph one of subdivision (a) of
this section, which the assisted outpatient is to receive, but shall not
include any such category that has not  been  recommended  in  both  the
proposed  written treatment plan and the testimony provided to the court
pursuant to subdivision (i) of this section.    SUCH  ORDER  SHALL  ALSO
STATE  THAT THE SUBJECT'S FIREARMS LICENSE, IF ANY, IS REVOKED. FURTHER,
THE COURT SHALL INQUIRE OF THE SUBJECT AS TO THE EXISTENCE AND  LOCATION
OF  ANY  FIREARM, RIFLE OR SHOTGUN OWNED OR POSSESSED BY SUCH PERSON AND
DIRECT THE SURRENDER OF SUCH  FIREARM,  RIFLE  OR  SHOTGUN  PURSUANT  TO
SUBPARAGRAPH  (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 OF
THE PENAL LAW.
  S 7. The mental hygiene law is amended by adding a new  section  15.36
to read as follows:
S 15.36 ISSUANCE  OF COURT ORDER AUTHORIZING INVOLUNTARY CARE AND TREAT-
          MENT UNDER THIS ARTICLE.
  IN ISSUING ANY ORDER OR DETERMINATION UNDER THIS ARTICLE THAT A PERSON
IS IN NEED OF INVOLUNTARY CARE AND TREATMENT OR THAT THERE IS A NEED FOR
RETENTION OF SUCH PERSON, THE COURT SHALL REVOKE SUCH  PERSON'S  FIREARM
LICENSE,  IF ANY, INQUIRE OF THE PERSON AS TO THE EXISTENCE AND LOCATION
OF ANY FIREARM, RIFLE OR SHOTGUN OWNED OR POSSESSED BY SUCH  PERSON  AND
DIRECT  THE  SURRENDER  OF  SUCH  FIREARM,  RIFLE OR SHOTGUN PURSUANT TO
SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20  OF
THE PENAL LAW.
  S  8.  Section  29.03  of the mental hygiene law is amended to read as
follows:
S 29.03 Effect of court order authorizing retention of a patient.
  No order or determination under this article that a person is in  need
of  involuntary  care and treatment or that there was need for retention
of such person shall be construed or deemed to  be  a  determination  or
finding  that  such  person  is  incompetent  or is unable adequately to
conduct his OR HER personal or business affairs; PROVIDED, HOWEVER, THAT
THE EXISTENCE OF SUCH AN ORDER OR DETERMINATION SHALL MAKE  SUCH  PERSON
INELIGIBLE  FOR  A  FIREARMS  LICENSE  PURSUANT TO SECTION 400.00 OF THE
PENAL LAW AND SHALL MAKE SUCH PERSON INELIGIBLE TO  PURCHASE  A  FIREARM
PURSUANT TO 18 USC 922.
  S 9. Severability. If any clause, sentence, paragraph, section or part
of  this act shall be adjudged by any court of competent jurisdiction to
be invalid and after exhaustion of  all  further  judicial  review,  the
judgment  shall  not affect, impair or invalidate the remainder thereof,

A. 7733                             4

but shall be confined in its operation to the  clause,  sentence,  para-
graph,  section or part of this act directly involved in the controversy
in which the judgment shall have been rendered.
  S  10.  This act shall take effect on the ninetieth day after it shall
have become a law, provided that the amendments to paragraph 2 of subdi-
vision (j) of section 9.60 of the mental hygiene law made by section six
of this act shall not affect the repeal of such  section  and  shall  be
deemed repealed therewith.

2009-A7733A (ACTIVE) - Details

Current Committee:: Senate Codes
Versions Introduced in 2011-2012 Legislative Session:: A3081

2009-A7733A (ACTIVE) - Summary

Authorizes courts to revoke firearms license and seize the weapons of certain individuals.

2009-A7733A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7733--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 23, 2009
                               ___________

Introduced  by M. of A. LUPARDO, LENTOL -- read once and referred to the
  Committee on Codes --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  penal  law, the criminal procedure law, and the
  mental hygiene law, in relation to authorizing  court  to  revoke  the
  firearms license and seize weapons of certain individuals

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.   Subparagraph (f) of  paragraph  1  of  subdivision  a  of
section  265.20  of the penal law, as amended by chapter 578 of the laws
of 2006, is amended to read as follows:
  (f) A  person  [voluntarily]  surrendering  OR  OTHERWISE  VOLUNTARILY
DELIVERING  such  weapon,  instrument,  appliance or substance, provided
that such surrender shall be made to the superintendent of the  division
of  state  police or a member thereof designated by such superintendent,
or to the sheriff of the county in which such person resides, or in  the
county  of  Nassau  or  in the towns of Babylon, Brookhaven, Huntington,
Islip and Smithtown in the county of  Suffolk  to  the  commissioner  of
police  or  a member of the police department thereof designated by such
commissioner, or if such person resides in a city, town other  than  one
named  in  this  subparagraph,  or village to the police commissioner or
head of the police force or department thereof or to  a  member  of  the
force  or  department  designated  by  such  commissioner  or  head; and
provided, further, that the same shall be surrendered by such person  in
accordance  with such terms and conditions as may be established by such
superintendent, sheriff, police force or  department.  Nothing  in  this
paragraph  shall  be construed as granting immunity from prosecution for
any crime or offense except that of unlawful possession of such weapons,
instruments, appliances or substances surrendered as herein provided.  A
person who possesses any such weapon, instrument, appliance or substance
as  an  executor  or administrator or any other lawful possessor of such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10701-03-9

A. 7733--A                          2

property of a decedent may continue to possess such property for a peri-
od not over fifteen days. If such property is not lawfully  disposed  of
within  such  period  the  possessor  shall deliver it to an appropriate
official  described  in this paragraph or such property may be delivered
to the superintendent of state police. Such officer shall  hold  it  and
shall  thereafter  deliver  it  on the written request of such executor,
administrator or other lawful possessor of  such  property  to  a  named
person,  provided  such  named  person  is  licensed  to or is otherwise
lawfully permitted to possess the same. If no  request  to  deliver  the
property is received by such official within one year of the delivery of
such  property, such official shall dispose of it in accordance with the
provisions of section 400.05 of this chapter.
  S 2. Subdivision 6 of section 400.05 of the penal law, as  amended  by
chapter 578 of the laws of 2006, is amended to read as follows:
  6. A firearm or other weapon which is surrendered AS REQUIRED BY COURT
ORDER,  or is otherwise voluntarily delivered pursuant to section 265.20
of this chapter and which has not been declared a nuisance  pursuant  to
subdivision  one  of  this section, shall be retained by the official to
whom it was delivered for a period not to exceed one year. Prior to  the
expiration  of such time period, a person who surrenders a firearm shall
have the right to arrange for the sale, or transfer, of such firearm  to
a dealer in firearms licensed in accordance with this chapter or for the
transfer  of  such firearm to himself or herself provided that a license
therefor has been issued in accordance with this chapter. If  no  lawful
disposition  of  the  firearm  or  other  weapon is made within the time
provided, the firearm or weapon concerned shall be declared  a  nuisance
and  shall  be  disposed  of  in  accordance with the provisions of this
section.
  S 3. Section 330.20 of the criminal procedure law is amended by adding
a new subdivision 2-a to read as follows:
  2-A. FIREARM, RIFLE OR  SHOTGUN  SURRENDER  ORDER.  UPON  ENTRY  OF  A
VERDICT  OF  NOT  RESPONSIBLE  BY REASON OF MENTAL DISEASE OR DEFECT, OR
UPON THE ACCEPTANCE OF A PLEA OF NOT RESPONSIBLE  BY  REASON  OF  MENTAL
DISEASE  OR  DEFECT,  THE  COURT  SHALL  REVOKE  THE DEFENDANT'S FIREARM
LICENSE, IF ANY, INQUIRE OF  THE  DEFENDANT  AS  TO  THE  EXISTENCE  AND
LOCATION  OF  ANY  FIREARM,  RIFLE OR SHOTGUN OWNED OR POSSESSED BY SUCH
DEFENDANT AND DIRECT THE SURRENDER OF SUCH  FIREARM,  RIFLE  OR  SHOTGUN
PURSUANT  TO  SUBPARAGRAPH  (F)  OF  PARAGRAPH  ONE  OF SUBDIVISION A OF
SECTION 265.20 OF THE PENAL LAW.
  S 4. The criminal procedure law is amended by  adding  a  new  section
730.55 to read as follows:
S 730.55 FIREARM, RIFLE OR SHOTGUN SURRENDER ORDER.
  WHENEVER  A  LOCAL  CRIMINAL  COURT  OR  A SUPERIOR COURT FINDS THAT A
DEFENDANT IS AN INCAPACITATED PERSON, THE COURT SHALL REVOKE THE DEFEND-
ANT'S FIREARM LICENSE, IF ANY, INQUIRE OF THE DEFENDANT AS TO THE EXIST-
ENCE AND LOCATION OF ANY FIREARM, RIFLE OR SHOTGUN OWNED OR POSSESSED BY
SUCH DEFENDANT AND DIRECT THE SURRENDER OF SUCH FIREARM, RIFLE OR  SHOT-
GUN  PURSUANT  TO  SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF
SECTION 265.20 OF THE PENAL LAW.
  S 5. The mental hygiene law is amended by adding a new section 9.36 to
read as follows:
S 9.36 ISSUANCE OF COURT ORDER AUTHORIZING INVOLUNTARY CARE  AND  TREAT-
         MENT UNDER THIS ARTICLE.
  IN ISSUING ANY ORDER OR DETERMINATION UNDER THIS ARTICLE THAT A PERSON
IS IN NEED OF INVOLUNTARY CARE AND TREATMENT OR THAT THERE IS A NEED FOR
RETENTION  OF  SUCH PERSON, THE COURT SHALL REVOKE SUCH PERSON'S FIREARM

A. 7733--A                          3

LICENSE, IF ANY, INQUIRE OF THE PERSON AS TO THE EXISTENCE AND  LOCATION
OF  ANY  FIREARM, RIFLE OR SHOTGUN OWNED OR POSSESSED BY SUCH PERSON AND
DIRECT THE SURRENDER OF SUCH  FIREARM,  RIFLE  OR  SHOTGUN  PURSUANT  TO
SUBPARAGRAPH  (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 OF
THE PENAL LAW.
  S 6. Paragraph 2 of subdivision (j) of  section  9.60  of  the  mental
hygiene  law,  as amended by chapter 158 of the laws of 2005, is amended
to read as follows:
  (2) If after hearing all relevant evidence, the court finds  by  clear
and  convincing  evidence  that  the  subject  of the petition meets the
criteria for assisted outpatient treatment, and there is no  appropriate
and  feasible  less  restrictive  alternative,  the  court may order the
subject to receive assisted outpatient treatment for an  initial  period
not  to  exceed  six  months.  In  fashioning the order, the court shall
specifically make findings by clear and  convincing  evidence  that  the
proposed  treatment  is  the least restrictive treatment appropriate and
feasible for the subject. The order shall state an  assisted  outpatient
treatment  plan,  which  shall include all categories of assisted outpa-
tient treatment, as set forth in paragraph one  of  subdivision  (a)  of
this section, which the assisted outpatient is to receive, but shall not
include  any  such  category  that  has not been recommended in both the
proposed written treatment plan and the testimony provided to the  court
pursuant  to  subdivision  (i)  of this section.   SUCH ORDER SHALL ALSO
STATE THAT THE SUBJECT'S FIREARMS LICENSE, IF ANY, IS REVOKED.  FURTHER,
THE  COURT SHALL INQUIRE OF THE SUBJECT AS TO THE EXISTENCE AND LOCATION
OF ANY FIREARM, RIFLE OR SHOTGUN OWNED OR POSSESSED BY SUCH  PERSON  AND
DIRECT  THE  SURRENDER  OF  SUCH  FIREARM,  RIFLE OR SHOTGUN PURSUANT TO
SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20  OF
THE PENAL LAW.
  S  7.  The mental hygiene law is amended by adding a new section 15.36
to read as follows:
S 15.36 ISSUANCE OF COURT ORDER AUTHORIZING INVOLUNTARY CARE AND  TREAT-
          MENT UNDER THIS ARTICLE.
  IN ISSUING ANY ORDER OR DETERMINATION UNDER THIS ARTICLE THAT A PERSON
IS IN NEED OF INVOLUNTARY CARE AND TREATMENT OR THAT THERE IS A NEED FOR
RETENTION  OF  SUCH PERSON, THE COURT SHALL REVOKE SUCH PERSON'S FIREARM
LICENSE, IF ANY, INQUIRE OF THE PERSON AS TO THE EXISTENCE AND  LOCATION
OF  ANY  FIREARM, RIFLE OR SHOTGUN OWNED OR POSSESSED BY SUCH PERSON AND
DIRECT THE SURRENDER OF SUCH  FIREARM,  RIFLE  OR  SHOTGUN  PURSUANT  TO
SUBPARAGRAPH  (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 OF
THE PENAL LAW.
  S 8. Section 29.03 of the mental hygiene law is  amended  to  read  as
follows:
S 29.03 Effect of court order authorizing retention of a patient.
  No  order or determination under this article that a person is in need
of involuntary care and treatment or that there was need  for  retention
of  such  person  shall  be construed or deemed to be a determination or
finding that such person is  incompetent  or  is  unable  adequately  to
conduct his OR HER personal or business affairs; PROVIDED, HOWEVER, THAT
THE  EXISTENCE  OF SUCH AN ORDER OR DETERMINATION SHALL MAKE SUCH PERSON
INELIGIBLE FOR A FIREARMS LICENSE PURSUANT  TO  SECTION  400.00  OF  THE
PENAL  LAW  AND  SHALL MAKE SUCH PERSON INELIGIBLE TO PURCHASE A FIREARM
PURSUANT TO 18 USC 922.
  S 9. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction  to
be  invalid  and  after  exhaustion  of all further judicial review, the

A. 7733--A                          4

judgment shall not affect, impair or invalidate the  remainder  thereof,
but  shall  be  confined in its operation to the clause, sentence, para-
graph, section or part of this act directly involved in the  controversy
in which the judgment shall have been rendered.
  S  10.  This act shall take effect on the ninetieth day after it shall
have become a law, provided that the amendments to paragraph 2 of subdi-
vision (j) of section 9.60 of the mental hygiene law made by section six
of this act shall not affect the repeal of such  section  and  shall  be
deemed repealed therewith.

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