S T A T E O F N E W Y O R K
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6208
2009-2010 Regular Sessions
I N A S S E M B L Y
February 26, 2009
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Introduced by M. of A. BARRA, WALKER -- read once and referred to the
Committee on Mental Health, Mental Retardation and Developmental Disa-
bilities
AN ACT to amend the penal law and the mental hygiene law, in relation to
certifications of certain persons not suitable to possess a firearm or
self-defense spray device
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 16 of section 265.00 of the penal law, as
amended by chapter 354 of the laws of 1996, is amended to read as
follows:
16. "Certified not suitable to possess A FIREARM OR a self-defense
spray device, a rifle or shotgun" means that the director or physician
in charge of any hospital or institution for mental illness, public or
private, has certified to the superintendent of state police [or to any
organized police department of a county, city, town or village of this
state], that a person who has been judicially adjudicated incompetent,
or who has been confined to such institution for mental illness pursuant
to judicial authority, VOLUNTARY ADMISSION AND/OR MEDICAL CERTIFICATION,
is not suitable to possess A FIREARM; OR a self-defense spray device, as
defined in section 265.20 of this article[,]; or a rifle or shotgun;
PURSUANT TO SECTION 9.65 OF THE MENTAL HYGIENE LAW.
S 2. The mental hygiene law is amended by adding a new section 9.65 to
read as follows:
S 9.65 CERTIFICATIONS OF PERSONS NOT SUITABLE TO POSSESS A FIREARM OR
SELF-DEFENSE SPRAY DEVICE.
(A) THE DIRECTOR OR PHYSICIAN IN CHARGE OF ANY PRIVATE OR PUBLIC
HOSPITAL OR INSTITUTION FOR THE TREATMENT OF MENTAL ILLNESS SHALL CERTI-
FY TO THE SUPERINTENDENT OF THE STATE POLICE THAT A PERSON WHO IS
CONFINED TO SUCH HOSPITAL OR INSTITUTION PURSUANT TO JUDICIAL ORDER,
VOLUNTARY ADMISSION AND/OR MEDICAL CERTIFICATION, IS NOT SUITABLE TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07752-01-9
A. 6208 2
POSSESS A FIREARM, SELF-DEFENSE SPRAY DEVICE, RIFLE AND/OR SHOTGUN IF
THERE IS THE LIKELIHOOD THAT THE INDIVIDUAL'S FUTURE ACTIONS AS AFFECTED
BY HIS OR HER MENTAL ILLNESS SHALL RESULT IN SERIOUS HARM TO HIMSELF OR
HERSELF AND/OR OTHERS, AS DEFINED IN SECTION 9.01 OF THIS ARTICLE. SUCH
CERTIFICATION SHALL BE MADE AT LEAST FIFTEEN DAYS PRIOR TO THE DATE THE
INDIVIDUAL IS SCHEDULED TO BE DISCHARGED AND SHALL IMMEDIATELY BE
FORWARDED TO THE SUPERINTENDENT OF THE STATE POLICE.
(B) THE COMMISSIONER OF MENTAL HEALTH IS HEREBY AUTHORIZED AND
DIRECTED TO PROMULGATE RULES AND REGULATIONS FOR THE CERTIFICATION PROC-
ESS AND THE APPEALS PROCESS RELATED TO SUCH CERTIFICATIONS.
(C) UPON RECEIPT OF THE CERTIFICATION SET FORTH IN SUBDIVISION (A) OF
THIS SECTION, THE SUPERINTENDENT OF STATE POLICE SHALL CAUSE SUCH INFOR-
MATION TO BE ENTERED INTO THE NEW YORK STATEWIDE POLICE INFORMATION
NETWORK AND MADE AVAILABLE TO AN INVESTIGATING OFFICER OF A POLICE
AUTHORITY CONDUCTING AN INVESTIGATION PURSUANT TO SECTION 400.00 OF THE
PENAL LAW RELATING TO AN APPLICANT FOR A PERIOD TO CARRY, POSSESS,
REPAIR OR DISPOSE OF A FIREARM.
(D) UPON RECEIPT OF THE CERTIFICATION SET FORTH IN SUBDIVISION (A) OF
THIS SECTION, THE SUPERINTENDENT OF STATE POLICE SHALL TRANSMIT SUCH
INFORMATION TO THE APPROPRIATE FEDERAL AGENCY FOR INCLUSION IN THE
NATIONWIDE DATABASE OF PERSONS INELIGIBLE TO POSSESS OR PURCHASE A
RIFLE, SHOTGUN, PISTOL, OR REVOLVER.
(E) THE SUPERINTENDENT OF THE STATE POLICE SHALL DETERMINE IF THE
PERSON SUBJECT TO SUCH CERTIFICATION HAS BEEN ISSUED A LICENSE TO CARRY,
POSSESS, REPAIR OR DISPOSE OF A FIREARM PURSUANT TO SECTION 400.00 OF
THE PENAL LAW, AND IF FOUND TO BE SUCH A LICENSE HOLDER, PROVIDE NOTICE
OF BOTH THE CERTIFICATION AND THE LICENSE TO THE DISTRICT ATTORNEY AND
LICENSING OFFICER IN THE COUNTY WHERE SUCH LICENSE WAS ISSUED.
S 3. Section 400.00 of the penal law is amended by adding a new subdi-
vision 11-a to read as follows:
11-A. LICENSE: REVOCATION AND SUSPENSION. (A) WHEN IT HAS BEEN CERTI-
FIED THAT A LICENSEE IS UNSUITABLE TO POSSESS A FIREARM PURSUANT TO
SECTION 9.65 OF THE MENTAL HYGIENE LAW, THE DISTRICT ATTORNEY IN THE
COUNTY WHERE SUCH LICENSE WAS ISSUED SHALL PETITION ANY JUDGE OR COURT
OF RECORD TO SUSPEND AND/OR REVOKE ANY SUCH EXISTING LICENSE POSSESSED
BY THE INDIVIDUAL, ORDER THE INDIVIDUAL INELIGIBLE FOR SUCH A LICENSE
AND ORDER THE IMMEDIATE SURRENDER OF ANY OR ALL FIREARMS OWNED OR
POSSESSED BY SUCH INDIVIDUAL.
(B) THE COURT SHALL SUSPEND ANY SUCH EXISTING LICENSE POSSESSED BY THE
INDIVIDUAL, ORDER THE INDIVIDUAL INELIGIBLE FOR SUCH A LICENSE AND ORDER
THE IMMEDIATE SURRENDER OF ANY OR ALL FIREARMS OWNED OR POSSESSED BY
SUCH INDIVIDUAL WHERE THE COURT RECEIVES INFORMATION THAT GIVES THE
COURT GOOD CAUSE TO BELIEVE IT LIKELY THAT THE INDIVIDUAL'S FUTURE
ACTIONS AS AFFECTED BY HIS OR HER MENTAL ILLNESS SHALL RESULT IN SERIOUS
HARM TO HIMSELF OR HERSELF AND/OR OTHERS, AS DEFINED IN SECTION 9.01 OF
THE MENTAL HYGIENE LAW.
(C) THE COURT SHALL REVOKE ANY SUCH EXISTING LICENSE POSSESSED BY THE
INDIVIDUAL, ORDER THE INDIVIDUAL INELIGIBLE FOR SUCH A LICENSE AND ORDER
THE IMMEDIATE SURRENDER OF ANY OR ALL FIREARMS OWNED OR POSSESSED BY
SUCH INDIVIDUAL WHERE THE COURT RECEIVES INFORMATION THAT GIVES THE
COURT GOOD CAUSE TO BELIEVE THAT THE INDIVIDUAL USED OR THREATENED THE
USE OF A FIREARM UNLAWFULLY AGAINST ANOTHER PERSON OR HIMSELF OR
HERSELF, AND TO BELIEVE IT LIKELY THAT THE INDIVIDUAL'S FUTURE ACTIONS
AS AFFECTED BY HIS OR HER MENTAL ILLNESS SHALL RESULT IN SERIOUS HARM TO
HIMSELF OR HERSELF AND/OR OTHERS, AS DEFINED IN SECTION 9.01 OF THE
MENTAL HYGIENE LAW.
A. 6208 3
(D) ANY SUSPENSION ORDER ISSUED PURSUANT TO THIS SECTION SHALL REMAIN
IN EFFECT UNTIL SUCH TIME AS THE CERTIFICATE PURSUANT TO SECTION 9.65 OF
THE MENTAL HYGIENE LAW HAS BEEN WITHDRAWN, REVOKED OR NULLIFIED, OR
UNLESS THE SUSPENSION IS VACATED BY THE COURT.
(E) (1) WHERE AN ORDER TO SURRENDER ONE OR MORE FIREARMS HAS BEEN
ISSUED, IT SHALL SPECIFY THE PLACE WHERE SUCH FIREARMS SHALL BE SURREN-
DERED, SHALL SPECIFY A DATE AND TIME BY WHICH THE SURRENDER SHALL BE
COMPLETED AND, TO THE EXTENT POSSIBLE, SHALL DESCRIBE SUCH FIREARMS TO
BE SURRENDERED, AND SHALL DIRECT THE AUTHORITY RECEIVING SUCH SURREN-
DERED FIREARMS TO IMMEDIATELY NOTIFY THE COURT OF SUCH SURRENDER.
(2) THE PROMPT SURRENDER OF ONE OR MORE FIREARMS PURSUANT TO A COURT
ORDER ISSUED PURSUANT TO THIS SECTION SHALL BE CONSIDERED A VOLUNTARY
SURRENDER FOR PURPOSES OF SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVI-
SION A OF SECTION 265.20 OF THIS CHAPTER. THE DISPOSITION OF ANY SUCH
FIREARMS SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION SIX
OF SECTION 400.05 OF THIS ARTICLE.
(F) WHERE AN ORDER OF REVOCATION, SUSPENSION OR INELIGIBILITY HAS
BEEN ISSUED PURSUANT TO THIS SECTION, MODIFIED OR VACATED, THE COURT
SHALL IMMEDIATELY NOTIFY THE SUPERINTENDENT OF STATE POLICE.
(G) UPON RECEIPT OF NOTICE SET FORTH IN PARAGRAPH (F) OF THIS SUBDIVI-
SION, THE SUPERINTENDENT OF STATE POLICE SHALL CAUSE SUCH INFORMATION TO
BE ENTERED INTO THE NEW YORK STATEWIDE POLICE INFORMATION NETWORK FOR
INCLUSION IN SUCH NETWORK AND SHALL TRANSMIT SUCH INFORMATION TO THE
APPROPRIATE FEDERAL AGENCY FOR THE INCLUSION IN THE NATIONWIDE DATABASE
OF PERSONS INELIGIBLE TO POSSESS OR PURCHASE A RIFLE, SHOTGUN, PISTOL,
OR REVOLVER.
(H) THE INDIVIDUAL SHALL HAVE THE RIGHT TO A HEARING BEFORE THE COURT
REGARDING ANY REVOCATION, SUSPENSION, INELIGIBILITY OR SURRENDER ORDER
ISSUED PURSUANT TO THIS SECTION, PROVIDED THAT NOTHING IN THIS PARAGRAPH
SHALL PRECLUDE THE COURT FROM ISSUING ANY SUCH ORDER PRIOR TO A HEARING.
WHERE THE COURT HAS ISSUED SUCH AN ORDER PRIOR TO A HEARING, IT SHALL
COMMENCE SUCH HEARING WITHIN FOURTEEN DAYS OF THE DATE SUCH ORDER WAS
ISSUED.
S 4. This act shall take effect immediately.