Assembly Bill A10259

2017-2018 Legislative Session

Requires a purchaser of any firearm, rifle or shotgun to submit to a mental health evaluation

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2017-A10259 (ACTIVE) - Details

See Senate Version of this Bill:
S8223
Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Amd §§897 & 898, Gen Bus L; amd §7.09, Ment Hyg L; amd §265.17, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A1589
2021-2022: A3829
2023-2024: A7874

2017-A10259 (ACTIVE) - Summary

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.

2017-A10259 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10259
 
                           I N  A S S E M B L Y
 
                              March 27, 2018
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee 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:
 
   Section  1.  Section  897  of  the  general business law is amended by
 adding a new subdivision 1-a to read as follows:
   1-A. BEFORE ANY SALE, EXCHANGE, OR DISPOSAL PURSUANT TO THIS  ARTICLE,
 A  PURCHASER  OF  ANY FIREARM, RIFLE OR SHOTGUN SHALL SUBMIT TO A MENTAL
 HEALTH EVALUATION AND PROVIDE THE  SELLER  WITH  PROOF  OF  HIS  OR  HER
 APPROVAL TO PURCHASE SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO SUBDIVI-
 SION (L) OF SECTION 7.09 OF THE MENTAL HYGIENE LAW.
   §  2.  Subdivision  1  of  section 898 of the general business law, as
 added by chapter 1 of the laws of 2013, is amended and a new subdivision
 2-a is added to read as follows:
   1. In addition to any other requirements pursuant to state and federal
 law, all sales, exchanges or disposals of firearms, rifles  or  shotguns
 shall  be  conducted  in  accordance with this section unless such sale,
 exchange or disposal is conducted by a licensed importer[,] OR  licensed
 manufacturer  [or licensed dealer], as those terms are defined in 18 USC
 § 922, when such sale, exchange or disposal  is  conducted  pursuant  to
 that  person's  federal  firearms  license  [or  such  sale, exchange or
 disposal is between members of an immediate family. For purposes of this
 section, "immediate family" shall mean spouses, domestic partners, chil-
 dren and step-children].
   2-A. BEFORE ANY SALE, EXCHANGE, OR DISPOSAL PURSUANT TO THIS  ARTICLE,
 A  PURCHASER  OF  ANY FIREARM, RIFLE OR SHOTGUN SHALL SUBMIT TO A MENTAL
 HEALTH EVALUATION AND PROVIDE THE  SELLER  WITH  PROOF  OF  HIS  OR  HER
 APPROVAL TO PURCHASE SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO SUBDIVI-
 SION (L) OF SECTION 7.09 OF THE MENTAL HYGIENE LAW.
   § 3. Section 7.09 of the mental hygiene law is amended by adding a new
 subdivision (l) to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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