Assembly Bill A3829

2021-2022 Legislative Session

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

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

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2021-A3829 (ACTIVE) - Details

See Senate Version of this Bill:
S1605
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:
2017-2018: A10259
2019-2020: A1589, S7065
2023-2024: A7874, S4126

2021-A3829 (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.

2021-A3829 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3829
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by  M. of A. ABINANTI, TAYLOR, PAULIN, BENEDETTO, SEAWRIGHT,
   DARLING -- Multi-Sponsored by -- M.  of  A.  COOK  --  read  once  and
   referred to the Committee 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 (M) OF SECTION 7.09 OF THE MENTAL HYGIENE LAW.
   §  2.  Subdivision  1  of  section 898 of the general business law, as
 amended by chapter 129 of the laws of 2019, is amended and a new  subdi-
 vision 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]. When a sale,
 exchange or  disposal  is  conducted  pursuant  to  a  person's  federal
 firearms  license,  before delivering a firearm, rifle or shotgun to any
 person, either (a) the National Instant Criminal Background Check System
 (NICS) or its successor has issued a "proceed" response to  the  federal
 firearms  licensee, or (b) thirty calendar days shall have elapsed since
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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