NY State Senate Bill 2021-S1605

Senate Bill S1605

2021-2022 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes 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
Jan 05, 2022	referred to codes
Jan 14, 2021	referred to codes

2021-S1605 (ACTIVE) - Details

See Assembly Version of this Bill:: A3829
Current Committee:: Senate 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: S7065, A1589
2023-2024: S4126, A7874

2021-S1605 (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-S1605 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1605

SPONSOR: SANDERS
 
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 I-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 2a is added: 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
subdivision (m) of section 7.09 of the mental hygiene law.

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 265.17 (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:

2018: A10259 referred to codes; same as 58223 (Alcantara) referred to
consumer-protection

 
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.

2021-S1605 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1605
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed 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
 the  date  the  federal  firearms  licensee contacted NICS to initiate a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01010-01-1

 S. 1605                             2
 
 national instant criminal background check and NICS has not notified the
 federal firearms licensee that the transfer of  the  firearm,  rifle  or
 shotgun  to such person should be denied. [For purposes of this section,
 "immediate  family"  shall mean spouses, domestic partners, children 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 (M) 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 (m) to read as follows:
   (M)  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  (M)  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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