NY State Senate Bill 2017-S8223

Senate Bill S8223

2017-2018 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Consumer Protection 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 19, 2018	referred to consumer protection

co-Sponsors

2017-S8223 (ACTIVE) - Details

See Assembly Version of this Bill:: A10259
Current Committee:: Senate Consumer Protection
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-S8223 (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-S8223 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8223

SPONSOR: ALCANTARA
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill will require a mental health evaluation before an individual
may purchase any firearm, rifle or shotgun.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends general business law section 897 by adding
a new subdivision 1-a and section 2 of the bill amends section 898 of
the general business law by amending subdivision 1 and by adding a new
subdivision 2-a to require that before any sale, exchange, or disposal
of a firearm, rifle or shotgun at a gun show, by a federally licensed

dealer or private sale, including when such sale, exchange or disposal
is between immediate family members, 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 mental hygiene law section 7.09 (1).

Section 3 amends section 7.09 of the mental hygiene law by adding a new
subdivision (1) to require the commissioner of mental health to estab-
lish within the office of mental health an administrative process for
the mental health evaluation of any individual prior to such individ-
ual's purchase of any firearm, rifle or shotgun. The commissioner shall
promulgate regulations which shall include, but not be limited to,
provisions relating to mental health professionals approved to perform
the, evaluation; the process for evaluation; and the development of a
standardized form to be used by mental health professionals performing
such evaluation to approve or deny an individual for purchase of a
firearm, rifle or shotgun. This section also provides for the review of
the denial of an individual for purchase or other acquisition of any
firearm, rifle or shotgun.

Section 4 amends penal law section 365.17 (3) by adding a new subdivi-
sion 4 to add that a person is guilty of criminal purchase or disposal
of a weapon when knowing that a mental health evaluation is required
under the mental hygiene law, he or she either purchases or disposes of
a firearm, rifle or shotgun without such mental health evaluation
approval for the purchaser.

Section 5 is the effective date.

 
JUSTIFICATION:

The many recent tragic events have clearly demonstrated the need to
prevent those with mental health problems from obtaining guns. This bill
will require that a mental health evaluation be conducted before an
individual can purchase or obtain a gun. This bill will help to protect
our citizens and prevent the death of innocent people.

 
PRIOR LEGISLATIVE HISTORY:
New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such date.

2017-S8223 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8223
 
                             I N  S E N A T E
 
                              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:
 
   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

                       [ ] is old law to be omitted.
                                                            LBD14940-02-8

 S. 8223                             2
 
   (L)  THE  COMMISSIONER  SHALL  ESTABLISH  WITHIN  THE OFFICE OF MENTAL
 HEALTH AN ADMINISTRATIVE PROCESS FOR THE MENTAL HEALTH EVALUATION OF ANY
 INDIVIDUAL PRIOR TO SUCH INDIVIDUAL'S PURCHASE OF ANY FIREARM, RIFLE  OR
 SHOTGUN.  THE COMMISSIONER SHALL PROMULGATE REGULATIONS TO ESTABLISH THE
 MENTAL HEALTH EVALUATION PROCESS, WHICH SHALL INCLUDE, BUT NOT BE LIMIT-
 ED  TO,  PROVISIONS  RELATING  TO:  (1)  THE MENTAL HEALTH PROFESSIONALS
 APPROVED TO PERFORM SUCH EVALUATION, (2) THE PROCESS FOR  EVALUATION  BY
 SUCH  MENTAL HEALTH PROFESSIONALS AND (3) THE DEVELOPMENT OF A STANDARD-
 IZED FORM TO BE USED BY THE MENTAL HEALTH PROFESSIONAL  PERFORMING  SUCH
 EVALUATION  TO  APPROVE OR DENY AN INDIVIDUAL FOR PURCHASE OF A FIREARM,
 RIFLE OR SHOTGUN. THE DENIAL  OF  AN  INDIVIDUAL  FOR  PURCHASE  OF  ANY
 FIREARM,  RIFLE  OR  SHOTGUN  MAY  BE  REVIEWED  DE NOVO PURSUANT TO THE
 PROCEEDINGS UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL  PRACTICE  LAW  AND
 RULES.
   §  4.  Subdivision  3  of section 265.17 of the penal law, as added by
 chapter 1 of the laws of 2013, is amended and a  new  subdivision  4  is
 added to read as follows:
   3.  Knowing that another person is prohibited by law from possessing a
 firearm, rifle or shotgun because of a prior conviction  or  because  of
 some  other  disability  which  would  render  him  or her ineligible to
 lawfully possess a firearm, rifle or shotgun in  this  state,  a  person
 disposes of a firearm, rifle or shotgun to such other person[.]; OR
   4.  KNOWING  THAT  A  MENTAL HEALTH EVALUATION IS REQUIRED PURSUANT TO
 SUBDIVISION (L) OF SECTION 7.09 OF THE MENTAL HYGIENE  LAW,  HE  OR  SHE
 EITHER PURCHASES OR DISPOSES OF A FIREARM, RIFLE OR SHOTGUN WITHOUT SUCH
 MENTAL HEALTH EVALUATION APPROVAL FOR PURCHASE.
   § 5. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such date.

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Senate Bill S8223

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Sponsored By

Marisol Alcantara