Assembly Bill A5298

2021-2022 Legislative Session

Relates to the revocation and suspension of licenses to carry, possess, repair and dispose of firearms

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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2021-A5298 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §400.00, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7712
2015-2016: A2275
2017-2018: A897
2019-2020: A1474

2021-A5298 (ACTIVE) - Summary

Relates to the revocation and suspension of licenses to carry, possess, repair and dispose of firearms.

2021-A5298 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5298
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2021
                                ___________
 
 Introduced by M. of A. ANGELINO -- read once and referred to the Commit-
   tee on Codes
 
 AN  ACT to amend the penal law, in relation to revocation and suspension
   of licenses to carry, possess, repair and dispose of firearms
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Paragraphs (b) and (c) of subdivision 11 of section 400.00
 of the penal law, as added by chapter 1 of the laws of 2013, are amended
 to read as follows:
   (b) Whenever the director of community services or his or her designee
 makes a report pursuant to section 9.46 of the mental hygiene  law,  the
 division  of  criminal  justice  services shall convey such information,
 whenever it determines that the person named in the report  possesses  a
 license  issued  pursuant  to this section, to the appropriate licensing
 [official] OFFICER, who shall CONDUCT A HEARING ON THE ISSUE AND IF SUCH
 OFFICIAL DETERMINES THAT SUCH PERSON  IS  A  DANGER  TO  HIMSELF  OR  TO
 OTHERS, SUCH LICENSING OFFICER SHALL issue an order suspending or revok-
 ing such license.
   (c)  In  any  instance  in  which  a  person's license is suspended or
 revoked under paragraph (a) or (b)  of  this  subdivision,  such  person
 shall  surrender  such  license  to the appropriate licensing [official]
 OFFICER and any and all firearms, rifles, or shotguns owned or possessed
 by such person shall be surrendered to an  appropriate  law  enforcement
 agency as provided in subparagraph (f) of paragraph one of subdivision a
 of  section  265.20 of this chapter. In the event such license, firearm,
 shotgun, or rifle is not surrendered, such items shall be  removed  [and
 declared  a  nuisance]  and  any  police officer or peace officer acting
 pursuant to his or her special duties is authorized to  remove  any  and
 all such weapons.
   § 2. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09118-01-1

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