NY State Senate Bill 2023-S9389

Senate Bill S9389

2023-2024 Legislative Session

Allows access to juvenile delinquency records for the purposes of a firearm background check and authorizes the denial of a firearm license for applicants under thirty who committed certain offenses as a juvenile

download bill text pdf

Current Bill Status - In Senate Committee Children And Families 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
May 14, 2024	referred to children and families

2023-S9389 (ACTIVE) - Details

See Assembly Version of this Bill:: A10331
Current Committee:: Senate Children And Families
Law Section:: Family Court Act
Laws Affected:: Amd §§380.1, 381.2 & 381.3, Fam Ct Act; amd §400.00, Pen L; amd §6342, CPLR

2023-S9389 (ACTIVE) - Summary

Allows access to juvenile delinquency records for the purposes of a firearm background check; authorizes the denial of a firearm license for an applicant who is under the age of thirty and who as a juvenile was adjudicated delinquent for an offense which, if committed by an adult, would constitute a felony or serious offense.

2023-S9389 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9389

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the family court act, the penal law and the civil prac-
tice law and rules, in relation to allowing access to juvenile delin-
quency records for the purposes of a firearm background check and
authorizing the denial of a firearm license for an applicant who is
under the age of thirty and who as a juvenile was adjudicated delinquent
for an offense which, if committed by an adult, would constitute a felo-
ny or serious offense

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow the national criminal background check system to have access to
juvenile delinquency records for the purposes of a firearm background
check and authorizing the denial of a firearm license for an applicant
who is under the age of thirty and who as a juvenile was adjudicated
delinquent for an offense which, if committed by an adult, would consti-
tute a felony or serious offense.

SUMMARY OF PROVISIONS:

Section one amends subdivision 4 of section 380.1 of the family court
act to specify that the following agencies may access juvenile delin-
quency records for certain purposes: the National Instant Criminal Back-
ground Check System for the purpose of conducting a background check of
a person under twenty-two years of age; the division of state police or
a gun licensing officer for the purpose of conducting a background check
of a person under thirty years of age; and law enforcement agencies
directed by a court to conduct an investigation of a person under thirty
years of age in connection with a application for an extreme risk
protection order.

Section two amends subdivision 2 of section 381.3 of the family court
act to add a new paragraph (c) permitting that adjudicated juvenile
delinquency records to be made available to a law enforcement agency in
connection with a background investigation of a person under thirty
years of age in connection with a application for an extreme risk
protection order.

Section three amends section 381.2 of the family court act to add a new
subdivision 3 to permit the state police to access records and informa-
tion on file with the family court for the purpose of conducting back-
ground checks.

Section four amends subdivision 1 of section 400.00 of the penal law to
specify that an applicant for a gun license who is under the age of
thirty and who as a juvenile was adjudicated delinquent for an offense
which, if committed by an adult, would constitute a felony or serious
offense, shall be ineligible for a license.

Section five amends subdivision 9 of section 6342 of the civil practice
law and rules to add a new paragraph (b) to specify that if the respond-
ent in a proceeding seeking an extreme risk protection order is under
the age of thirty, investigations required by the court will report
whether the respondent as a juvenile was adjudicated for an offense
that, if committed by an adult, would constitute an offense involving
domestic violence, use of a weapon, or other violence. It further
requires reporting of any juvenile delinquency proceeding currently
pending against the respondent.

Section six sets forth the effective date.

 
JUSTIFICATION:

The United States' gun homicide rate is 26 times higher than that of
other high-income countries like Canada, France, and the United Kingdom.
 
SEE EVERYTOWN ANALYSIS OF THE MOST RECENT YEAR OF GUN HOMICIDES BY
COUNTRY (2013 TO 2019), GUNPOLICY.ORG.) WITH INCREASING RATES OF GUN
VIOLENCE ON SCHOOL GROUNDS AND BY YOUNG ADULTS, IT IS IMPERATIVE THAT
NEW YORK STATE TAKE STEPS TO PREVENT JUVENILES WITH CRIMINAL RECORDS
FROM EASILY OBTAINING FIREARMS.

IN JUNE 2022, THE UNITED STATE CONGRESS PASSED AND PRESIDENT BIDEN
SIGNED INTO LAW THE BIPARTISAN SAFER COMMUNITIES ACT (BSCA), WHICH
IMPLEMENTED A NUMBER OF CHANGES TO SCHOOL SAFETY, MENTAL HEALTH
SUPPORTS, AND GUN VIOLENCE PREVENTION LAWS. AS PART OF THIS ACT, THE
BACKGROUND CHECKS FOR FIREARM PURCHASERS NOW INCLUDE AN INQUIRY THROUGH
THE NATIONAL INSTANT BACKGROUND CHECK SYSTEM (NICS) TO DETERMINE WHETHER
PROSPECTIVE PURCHASERS WHO ARE UNDER THE AGE OF 22 HAVE CERTAIN DISQUAL-
IFYING JUVENILE OFFENSE OR MENTAL HEALTH ASSESSMENT. FOR THE NEW
PROVISIONS RELATED TO PROSPECTIVE PURCHASERS AGES 18 TO 21 TO BE EFFEC-
TIVE, STATES MUST PROVIDE ACCESS TO DATA REGARDING JUVENILE AND MENTAL
HEALTH RECORDS. AMENDING NEW YORK LAW TO PERMIT ACCESS TO THESE RECORDS
WILL ENABLE NEW YORK TO SUPPORT THE NEW FEDERAL REQUIREMENTS AND HELP
KEEP FIREARMS OUT OF THE HANDS OF INDIVIDUALS WHO MAY POSE A RISK TO
THEMSELVES OR OTHERS AROUND THEM.

IN SEPTEMBER 2023, NEW YORK STATE'S CONCEALED CARRY IMPROVEMENT ACT WENT
INTO EFFECT, WHICH ESTABLISHED THE STATE AS A POINT-OF-CONTACT FOR THE
BACKGROUND CHECKS FOR GUN PURCHASERS. LICENSED FIREARMS DEALERS NOW HAVE
TO INITIATE BACKGROUND CHECKS REQUIRED BY THE NICS DATABASE BY CONTACT-
ING THE NEW YORK STATE POLICE NICS UNIT TO DETERMINE FIREARM BUYER
ELIGIBILITY. THIS PERMITS BACKGROUND CHECKS IN NEW YORK TO FOLLOW STRIC-
TER STANDARDS THAN NICS CHECKS. THIS BILL WOULD BUILD ON THE IDEA BEHIND
THE BSCA BY MAKING CERTAIN JUVENILE RECORDS RELEVANT TO BACKGROUND
CHECKS FOR ANY PROSPECTIVE GUN PURCHASER UNDER 30 YEARS OLD. SUCH
RECORDS WOULD INCLUDE THOSE THAT INDICATE CRIMES THAT WOULD CONSTITUTE A
FELONY OR SERIOUS OFFENSE IF THE JUVENILE HAD BEEN TRIED AS AN ADULT.

STUDIES SHOW THAT THERE IS AN INCREASED RISK OF GUN VIOLENCE AMONG YOUNG
ADULTS ASSOCIATED WITH JUVENILE CRIME RECORDS.  
FOR EXAMPLE, SEE SWAN-
SON, J. W., TONG, G., EASTER, M. M., SIVARAMAN, J. C., GIFFORD, E. J.,
GARDNER, B. 0., DONNELLY, E. A., EVANS, K. E., COPELAND, W. E., SWARTZ,
M. S., & BONNIE, R. J. (2022). GUN VIOLENCE AMONG YOUNG ADULTS WITH A
JUVENILE CRIME RECORD IN NORTH CAROLINA:  IMPLICATIONS FOR FIREARM
RESTRICTIONS BASED ON AGE AND RISK.  PREVENTIVE MEDICINE, 165 (PT A),
107279. ADJUDICATED JUVENILES ARE ALSO PROHIBITED FROM POSSESSING
FIREARMS IN TWENTY-EIGHT STATES, WITH VARYING RESTRICTIONS ON WHO IS
UNABLE TO PURCHASE A FIREARM AND FOR HOW LONG.

THIS BILL ALSO ENSURES THAT JUVENILE RECORDS MAY BE REVIEWED AS PART OF
AN INVESTIGATION OF A RESPONDENT IN A PROCEEDING UNDER NEW YORK'S
EXTREME RISK PROTECTION ORDER STATUTE, WHEN THE RESPONDENT IS UNDER 30,

TO ENSURE THAT RELEVANT INFORMATION IS AVAILABLE TO THE COURT IN CONSID-
ERING WHETHER TO ISSUE SUCH AN ORDER.

 
PRIOR LEGISLATIVE HISTORY:

THIS IS A NEW BILL.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

MINIMAL.

 
EFFECTIVE DATE:
THIS ACT SHALL TAKE EFFECT ON THE THIRTIETH DAY AFTER IT SHALL HAVE
BECOME A LAW.

2023-S9389 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9389
 
                             I N  S E N A T E
 
                               May 14, 2024
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 AN ACT to amend the family court act, the penal law and the civil  prac-
   tice  law and rules, in relation to allowing access to juvenile delin-
   quency records for the purposes of  a  firearm  background  check  and
   authorizing  the  denial  of a firearm license for an applicant who is
   under the age of thirty and who as a juvenile was  adjudicated  delin-
   quent for an offense which, if committed by an adult, would constitute
   a felony or serious offense
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4 of section 380.1 of the family court act,  as
 amended  by  chapter  37  of  the  laws  of  2016, is amended to read as
 follows:
   4. Notwithstanding any other provision of  law,  where  a  finding  of
 juvenile  delinquency  has  been  entered,  upon  request,  the  records
 pertaining to such case shall be made available to the  commissioner  of
 mental  health  or  the  commissioner [of] FOR PEOPLE WITH developmental
 disabilities, as appropriate; the case review panel; [and] the  attorney
 general  pursuant  to  section  10.05  of  the  mental  hygiene law; THE
 NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM IN CONNECTION  WITH  A
 BACKGROUND  CHECK  CONDUCTED  ON  A PERSON UNDER TWENTY-TWO YEARS OF AGE
 PURSUANT TO 18 U.S.C. § 922(T)(1)(C) AND 34 U.S.C. § 40901(1); THE DIVI-
 SION OF STATE POLICE IN CONNECTION WITH A BACKGROUND CHECK CONDUCTED  ON
 A PERSON UNDER THIRTY YEARS OF AGE PURSUANT TO SECTION TWO HUNDRED TWEN-
 TY-EIGHT OF THE EXECUTIVE LAW; A LICENSING OFFICER PURSUANT TO AN INVES-
 TIGATION OF AN APPLICANT WHO IS UNDER THE AGE OF THIRTY FOR A LICENSE TO
 BE  ISSUED  OR  RENEWED  UNDER  SUBDIVISION ONE OF SECTION 400.00 OF THE
 PENAL LAW; AND A LAW ENFORCEMENT AGENCY DIRECTED BY A COURT TO CONDUCT A
 BACKGROUND INVESTIGATION  IN  A  PROCEEDING  UNDER  SECTION  SIXTY-THREE
 HUNDRED  FORTY-TWO  OF  THE  CIVIL  PRACTICE  LAW  AND RULES REGARDING A
 RESPONDENT IN SUCH PROCEEDING WHO IS UNDER THE AGE OF THIRTY.
   § 2. Section 381.2 of the family court act is amended by adding a  new
 subdivision 3 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14987-02-4
 S. 9389                             2
 
   3.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
 A LAW ENFORCEMENT AGENCY DIRECTED BY A COURT  TO  CONDUCT  A  BACKGROUND
 INVESTIGATION  IN  A PROCEEDING UNDER SECTION SIXTY-THREE HUNDRED FORTY-
 TWO OF THE CIVIL PRACTICE LAW AND RULES REGARDING A RESPONDENT  IN  SUCH
 PROCEEDING  WHO IS UNDER THE AGE OF THIRTY, MAY RECEIVE AND CONSIDER THE
 RECORDS AND INFORMATION ON FILE  WITH  THE  FAMILY  COURT,  UNLESS  SUCH
 RECORDS  AND  INFORMATION  HAVE BEEN SEALED PURSUANT TO SECTION 375.1 OF
 THIS ARTICLE.
   § 3. Subdivision 2 of section 381.3 of the family court act, as  added
 by chapter 920 of the laws of 1982 and paragraph (b) as amended by chap-
 ter 926 of the laws of 1982, is amended to read as follows:
   2. Notwithstanding the provisions of subdivision one, the family court
 in the county in which the petition was adjudicated may, upon motion and
 for good cause shown, order such records open:
   (a)  to  the  respondent  or  [his]  THE RESPONDENT'S parent or person
 responsible for [his] THE RESPONDENT'S care; [or]
   (b) if the respondent is subsequently convicted of a crime, to a judge
 of the court in which [he] THE RESPONDENT  was  convicted,  unless  such
 record has been sealed pursuant to section 375.1; OR
   (C)  TO  THE  DIVISION OF STATE POLICE IN CONNECTION WITH A BACKGROUND
 CHECK CONDUCTED ON A PERSON  UNDER  THIRTY  YEARS  OF  AGE  PURSUANT  TO
 SECTION TWO HUNDRED TWENTY-EIGHT OF THE EXECUTIVE LAW.
   §  4.  Subdivision 1 of section 400.00 of the penal law, as separately
 amended by chapters 371 and 669 of the laws of 2022, is amended to  read
 as follows:
   1. Eligibility. No license shall be issued or renewed pursuant to this
 section  except  by  the licensing officer, and then only after investi-
 gation and finding that all statements in a  proper  application  for  a
 license  are  true.  No license shall be issued or renewed except for an
 applicant (a) twenty-one years of age or older, provided, however,  that
 where  such  applicant  has  been  honorably  discharged from the United
 States army, navy, marine corps,  air  force  or  coast  guard,  or  the
 national  guard  of the state of New York, no such age restriction shall
 apply; (b) of good moral character, which,  for  the  purposes  of  this
 article,  shall  mean  having  the  essential character, temperament and
 [judgement] JUDGMENT necessary to be entrusted with a weapon and to  use
 it  only  in  a manner that does not endanger oneself or others; (c) who
 has not been convicted anywhere of a felony or a serious offense or  who
 is  not  the subject of an outstanding warrant of arrest issued upon the
 alleged commission of a felony or serious offense; (d)  WHO  IS  NOT  AN
 APPLICANT WHO IS UNDER THE AGE OF THIRTY AND WHO AS A JUVENILE WAS ADJU-
 DICATED DELINQUENT FOR AN OFFENSE WHICH, IF COMMITTED BY AN ADULT, WOULD
 CONSTITUTE  A  FELONY OR SERIOUS OFFENSE; (E) who is not a fugitive from
 justice; [(e)] (F) who is not an unlawful user of  or  addicted  to  any
 controlled  substance as defined in section 21 U.S.C. 802; [(f)] (G) who
 being a noncitizen (i) is not illegally  or  unlawfully  in  the  United
 States or (ii) has not been admitted to the United States under a nonim-
 migrant  visa subject to the exception in 18 U.S.C. 922(y)(2); [(g)] (H)
 who has not been discharged from the  Armed  Forces  under  dishonorable
 conditions;  [(h)]  (I) who, having been a citizen of the United States,
 has not renounced [his or her] SUCH APPLICANT'S citizenship;  [(i)]  (J)
 who  has stated whether [he or she] SUCH APPLICANT has ever suffered any
 mental illness; [(j)] (K) who has not been involuntarily committed to  a
 facility under the jurisdiction of an office of the department of mental
 hygiene  pursuant  to article nine or fifteen of the mental hygiene law,
 article seven hundred thirty or section 330.20 of the criminal procedure
 S. 9389                             3
 
 law or substantially similar laws  of  any  other  state,  section  four
 hundred  two  or five hundred eight of the correction law, section 322.2
 or 353.4 of the family court act, has not been  civilly  confined  in  a
 secure  treatment facility pursuant to article ten of the mental hygiene
 law, or has not been the subject of a report made  pursuant  to  section
 9.46  of  the  mental  hygiene  law; [(k)] (L) who has not had a license
 revoked or who is not under a suspension or ineligibility  order  issued
 pursuant  to  the provisions of section 530.14 of the criminal procedure
 law or section eight hundred forty-two-a of the family court act;  [(l)]
 (M)  in  the  county  of  Westchester,  who has successfully completed a
 firearms safety course  and  test  as  evidenced  by  a  certificate  of
 completion issued in [his or her] SUCH APPLICANT'S name and endorsed and
 affirmed under the penalties of perjury by a duly authorized instructor,
 except  that:  (i)  persons who are honorably discharged from the United
 States army, navy, marine corps or coast guard, or of the national guard
 of the state of New York, and produce evidence of official qualification
 in firearms during  the  term  of  service  are  not  required  to  have
 completed those hours of a firearms safety course pertaining to the safe
 use,  carrying,  possession,  maintenance and storage of a firearm; (ii)
 persons who were licensed to possess a pistol or revolver prior  to  the
 effective  date  of  this paragraph are not required to have completed a
 firearms safety course and  test,  provided,  however,  persons  with  a
 license  issued  under  paragraph (f) of subdivision two of this section
 prior to the effective date of CHAPTER THREE HUNDRED SEVENTY-ONE OF  the
 laws  of two thousand twenty-two [which amended this paragraph] shall be
 required to complete the training required by  subdivision  nineteen  of
 this  section  prior  to  the recertification of such license; and (iii)
 persons applying for a license under paragraph (f) of subdivision two of
 this section on or after the effective date of [the] chapter [of]  THREE
 HUNDRED  SEVENTY-ONE  OF  the  laws  of  two  thousand twenty-two [which
 amended this paragraph] who shall be required to complete  the  training
 required  under  subdivision  nineteen of this section for such license;
 [(m)] (N) who has not had a guardian appointed for  [him  or  her]  SUCH
 APPLICANT  pursuant  to  any provision of state law, based on a determi-
 nation that  as  a  result  of  marked  subnormal  intelligence,  mental
 illness,  incompetency,  incapacity,  condition  or disease, [he or she]
 SUCH APPLICANT lacks the mental capacity to contract or manage  [his  or
 her]  SUCH APPLICANT'S own affairs; [(n)] (O) for a license issued under
 paragraph (f) of subdivision two of this section, that the applicant has
 not been convicted within five years of the date of the  application  of
 any  of  the  following:  (i) assault in the third degree, as defined in
 section 120.00 of this chapter; (ii) misdemeanor driving  while  intoxi-
 cated,  as  defined  in section eleven hundred ninety-two of the vehicle
 and traffic law; or (iii) menacing, as defined in section 120.15 of this
 chapter; and [(o)] (P) for a  license  issued  under  paragraph  (f)  of
 subdivision two of this section, the applicant shall meet in person with
 the  licensing  officer  for  an interview and shall, in addition to any
 other information or forms required by the license application submit to
 the licensing officer the following information: (i) names  and  contact
 information for the applicant's current spouse, or domestic partner, any
 other adults residing in the applicant's home, including any adult chil-
 dren  of  the  applicant,  and whether or not there are minors residing,
 full time or part time, in the applicant's home; (ii) names and  contact
 information  of no less than four character references who can attest to
 the applicant's good moral character and that  such  applicant  has  not
 engaged in any acts, or made any statements that suggest they are likely
 S. 9389                             4
 
 to  engage in conduct that would result in harm to themselves or others;
 (iii) certification of completion of the training required  in  subdivi-
 sion  nineteen of this section; (iv) a list of former and current social
 media accounts of the applicant from the past three years to confirm the
 information regarding the [applicants] APPLICANT'S character and conduct
 as  required  in subparagraph (ii) of this paragraph; and (v) such other
 information required by the licensing officer that is reasonably  neces-
 sary and related to the review of the licensing application.
   §  5.  Subdivision  9  of  section  6342 of the civil practice law and
 rules, as added by chapter 19 of the laws of 2019, is amended to read as
 follows:
   9. (A) Upon issuance of a temporary extreme risk protection order,  or
 upon setting a hearing for a final extreme risk protection order where a
 temporary  order  is denied or not requested, the court shall direct the
 law enforcement agency  having  jurisdiction  to  conduct  a  background
 investigation  and  report  to the court and, subject to any appropriate
 redactions to protect any  person,  each  party  regarding  whether  the
 respondent:
   [(a)]  (I)  has any prior criminal conviction for an offense involving
 domestic violence, use of a weapon, or other violence;
   [(b)] (II) has any criminal  charge  or  violation  currently  pending
 against [him or her] THE RESPONDENT;
   [(c)] (III) is currently on parole or probation;
   [(d)] (IV) possesses any registered firearms, rifles or shotguns; and
   [(e)]  (V)  has been, or is, subject to any order of protection or has
 violated or allegedly violated any order of protection.
   (B) IF THE RESPONDENT  IS  UNDER  THE  AGE  OF  THIRTY,  INVESTIGATION
 REQUIRED  BY  PARAGRAPH (A) OF THIS SUBDIVISION SHALL ALSO REPORT TO THE
 COURT AND SUBJECT TO ANY APPROPRIATE REDACTIONS TO PROTECT  ANY  PERSON,
 EACH PARTY REGARDING WHETHER THE RESPONDENT:
   (I)  AS A JUVENILE WAS ADJUDICATED DELINQUENT FOR AN OFFENSE WHICH, IF
 COMMITTED BY AN ADULT, WOULD CONSTITUTE AN  OFFENSE  INVOLVING  DOMESTIC
 VIOLENCE, USE OF A WEAPON, OR OTHER VIOLENCE; AND
   (II) HAS ANY JUVENILE DELINQUENCY PROCEEDING CURRENTLY PENDING AGAINST
 SUCH RESPONDENT.
   §  6.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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