Assembly Bill A396

2019-2020 Legislative Session

Provides for the temporary surrender of firearms where an individual may be a danger to himself or herself or others

download bill text pdf

Sponsored By

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

multi-Sponsors

2019-A396 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §400.05, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A486
2011-2012: A169
2013-2014: A1157
2015-2016: A1748
2017-2018: A145
2021-2022: A630
2023-2024: A7227

2019-A396 (ACTIVE) - Summary

Provides for the temporary surrender of firearms to the police by any person who is taken into custody by the police for the purpose of a mental examination and prior to an examination ordered pursuant to article seven hundred thirty of the criminal procedure law; requires a "cooling off period" following the discharge from psychiatric care during which time firearms, which came into police custody during the person's prehospitalization intervention or during hospitalization, may be kept in police custody for thirty days, or after a psychiatric examiner has determined whether the person is a threat to himself or herself or others; provides that a judge of the local jurisdiction may order an early return of the firearms if he or she determines that it would be appropriate to do so.

2019-A396 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    396
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. COLTON,
   ORTIZ -- read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to the temporary surrender of
   firearms for public safety purposes

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 400.05 of the penal law is amended by adding a new
 subdivision 7 to read as follows:
   7. (A) ANY PERSON WHO IS TAKEN INTO CUSTODY  BY  THE  POLICE  FOR  THE
 PURPOSE  OF  A  MENTAL  EXAMINATION, AND PRIOR TO AN EXAMINATION ORDERED
 PURSUANT TO ARTICLE SEVEN HUNDRED THIRTY OF THE CRIMINAL PROCEDURE  LAW,
 SHALL  BE REQUIRED TO SURRENDER HIS OR HER FIREARMS AS DEFINED IN SUBDI-
 VISION THREE OF SECTION 265.00 OF THIS CHAPTER, TO THE POLICE.
   (B) THERE SHALL BE A "COOLING OFF PERIOD" FOLLOWING THE DISCHARGE FROM
 PSYCHIATRIC CARE DURING WHICH TIME  FIREARMS,  WHICH  CAME  INTO  POLICE
 CUSTODY  DURING  THE PERSON'S PRE-HOSPITALIZATION INTERVENTION OR DURING
 HOSPITALIZATION, MAY BE KEPT IN POLICE CUSTODY FOR THIRTY DAYS, OR AFTER
 A PSYCHIATRIC EXAMINER HAS DETERMINED WHETHER THE PERSON IS A THREAT  TO
 HIMSELF OR HERSELF OR OTHERS. HOWEVER, A JUDGE OF THE LOCAL JURISDICTION
 MAY  ORDER  AN EARLY RETURN OF THE FIREARMS IF HE OR SHE DETERMINES THAT
 IT WOULD BE APPROPRIATE TO DO SO.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01969-01-9

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.