S T A T E O F N E W Y O R K
________________________________________________________________________
3081
2011-2012 Regular Sessions
I N A S S E M B L Y
January 24, 2011
___________
Introduced by M. of A. LUPARDO, LENTOL, GOTTFRIED -- Multi-Sponsored by
-- M. of A. TOWNS -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, the criminal procedure law, and the
mental hygiene law, in relation to authorizing court to revoke the
firearms license and seize weapons of certain individuals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (f) of paragraph 1 of subdivision a of
section 265.20 of the penal law, as amended by chapter 578 of the laws
of 2006, is amended to read as follows:
(f) A person [voluntarily] surrendering OR OTHERWISE VOLUNTARILY
DELIVERING such weapon, instrument, appliance or substance, provided
that such surrender shall be made to the superintendent of the division
of state police or a member thereof designated by such superintendent,
or to the sheriff of the county in which such person resides, or in the
county of Nassau or in the towns of Babylon, Brookhaven, Huntington,
Islip and Smithtown in the county of Suffolk to the commissioner of
police or a member of the police department thereof designated by such
commissioner, or if such person resides in a city, town other than one
named in this subparagraph, or village to the police commissioner or
head of the police force or department thereof or to a member of the
force or department designated by such commissioner or head; and
provided, further, that the same shall be surrendered by such person in
accordance with such terms and conditions as may be established by such
superintendent, sheriff, police force or department. Nothing in this
paragraph shall be construed as granting immunity from prosecution for
any crime or offense except that of unlawful possession of such weapons,
instruments, appliances or substances surrendered as herein provided. A
person who possesses any such weapon, instrument, appliance or substance
as an executor or administrator or any other lawful possessor of such
property of a decedent may continue to possess such property for a peri-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03287-01-1
A. 3081 2
od not over fifteen days. If such property is not lawfully disposed of
within such period the possessor shall deliver it to an appropriate
official described in this paragraph or such property may be delivered
to the superintendent of state police. Such officer shall hold it and
shall thereafter deliver it on the written request of such executor,
administrator or other lawful possessor of such property to a named
person, provided such named person is licensed to or is otherwise
lawfully permitted to possess the same. If no request to deliver the
property is received by such official within one year of the delivery of
such property, such official shall dispose of it in accordance with the
provisions of section 400.05 of this chapter.
S 2. Subdivision 6 of section 400.05 of the penal law, as amended by
chapter 578 of the laws of 2006, is amended to read as follows:
6. A firearm or other weapon which is surrendered AS REQUIRED BY COURT
ORDER, or is otherwise voluntarily delivered pursuant to section 265.20
of this chapter and which has not been declared a nuisance pursuant to
subdivision one of this section, shall be retained by the official to
whom it was delivered for a period not to exceed one year. Prior to the
expiration of such time period, a person who surrenders a firearm shall
have the right to arrange for the sale, or transfer, of such firearm to
a dealer in firearms licensed in accordance with this chapter or for the
transfer of such firearm to himself or herself provided that a license
therefor has been issued in accordance with this chapter. If no lawful
disposition of the firearm or other weapon is made within the time
provided, the firearm or weapon concerned shall be declared a nuisance
and shall be disposed of in accordance with the provisions of this
section.
S 3. Section 330.20 of the criminal procedure law is amended by adding
a new subdivision 2-a to read as follows:
2-A. FIREARM, RIFLE OR SHOTGUN SURRENDER ORDER. UPON ENTRY OF A
VERDICT OF NOT RESPONSIBLE BY REASON OF MENTAL DISEASE OR DEFECT, OR
UPON THE ACCEPTANCE OF A PLEA OF NOT RESPONSIBLE BY REASON OF MENTAL
DISEASE OR DEFECT, THE COURT SHALL REVOKE THE DEFENDANT'S FIREARM
LICENSE, IF ANY, INQUIRE OF THE DEFENDANT AS TO THE EXISTENCE AND
LOCATION OF ANY FIREARM, RIFLE OR SHOTGUN OWNED OR POSSESSED BY SUCH
DEFENDANT AND DIRECT THE SURRENDER OF SUCH FIREARM, RIFLE OR SHOTGUN
PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF
SECTION 265.20 OF THE PENAL LAW.
S 4. The criminal procedure law is amended by adding a new section
730.55 to read as follows:
S 730.55 FIREARM, RIFLE OR SHOTGUN SURRENDER ORDER.
WHENEVER A LOCAL CRIMINAL COURT OR A SUPERIOR COURT FINDS THAT A
DEFENDANT IS AN INCAPACITATED PERSON, THE COURT SHALL REVOKE THE DEFEND-
ANT'S FIREARM LICENSE, IF ANY, INQUIRE OF THE DEFENDANT AS TO THE EXIST-
ENCE AND LOCATION OF ANY FIREARM, RIFLE OR SHOTGUN OWNED OR POSSESSED BY
SUCH DEFENDANT AND DIRECT THE SURRENDER OF SUCH FIREARM, RIFLE OR SHOT-
GUN PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF
SECTION 265.20 OF THE PENAL LAW.
S 5. The mental hygiene law is amended by adding a new section 9.36 to
read as follows:
S 9.36 ISSUANCE OF COURT ORDER AUTHORIZING INVOLUNTARY CARE AND TREAT-
MENT UNDER THIS ARTICLE.
IN ISSUING ANY ORDER OR DETERMINATION UNDER THIS ARTICLE THAT A PERSON
IS IN NEED OF INVOLUNTARY CARE AND TREATMENT OR THAT THERE IS A NEED FOR
RETENTION OF SUCH PERSON, THE COURT SHALL REVOKE SUCH PERSON'S FIREARM
LICENSE, IF ANY, INQUIRE OF THE PERSON AS TO THE EXISTENCE AND LOCATION
A. 3081 3
OF ANY FIREARM, RIFLE OR SHOTGUN OWNED OR POSSESSED BY SUCH PERSON AND
DIRECT THE SURRENDER OF SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO
SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 OF
THE PENAL LAW.
S 6. Paragraph 2 of subdivision (j) of section 9.60 of the mental
hygiene law, as amended by chapter 158 of the laws of 2005, is amended
to read as follows:
(2) If after hearing all relevant evidence, the court finds by clear
and convincing evidence that the subject of the petition meets the
criteria for assisted outpatient treatment, and there is no appropriate
and feasible less restrictive alternative, the court may order the
subject to receive assisted outpatient treatment for an initial period
not to exceed six months. In fashioning the order, the court shall
specifically make findings by clear and convincing evidence that the
proposed treatment is the least restrictive treatment appropriate and
feasible for the subject. The order shall state an assisted outpatient
treatment plan, which shall include all categories of assisted outpa-
tient treatment, as set forth in paragraph one of subdivision (a) of
this section, which the assisted outpatient is to receive, but shall not
include any such category that has not been recommended in both the
proposed written treatment plan and the testimony provided to the court
pursuant to subdivision (i) of this section. SUCH ORDER SHALL ALSO
STATE THAT THE SUBJECT'S FIREARMS LICENSE, IF ANY, IS REVOKED. FURTHER,
THE COURT SHALL INQUIRE OF THE SUBJECT AS TO THE EXISTENCE AND LOCATION
OF ANY FIREARM, RIFLE OR SHOTGUN OWNED OR POSSESSED BY SUCH PERSON AND
DIRECT THE SURRENDER OF SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO
SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 OF
THE PENAL LAW.
S 7. The mental hygiene law is amended by adding a new section 15.36
to read as follows:
S 15.36 ISSUANCE OF COURT ORDER AUTHORIZING INVOLUNTARY CARE AND TREAT-
MENT UNDER THIS ARTICLE.
IN ISSUING ANY ORDER OR DETERMINATION UNDER THIS ARTICLE THAT A PERSON
IS IN NEED OF INVOLUNTARY CARE AND TREATMENT OR THAT THERE IS A NEED FOR
RETENTION OF SUCH PERSON, THE COURT SHALL REVOKE SUCH PERSON'S FIREARM
LICENSE, IF ANY, INQUIRE OF THE PERSON AS TO THE EXISTENCE AND LOCATION
OF ANY FIREARM, RIFLE OR SHOTGUN OWNED OR POSSESSED BY SUCH PERSON AND
DIRECT THE SURRENDER OF SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO
SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 OF
THE PENAL LAW.
S 8. Section 29.03 of the mental hygiene law is amended to read as
follows:
S 29.03 Effect of court order authorizing retention of a patient.
No order or determination under this article that a person is in need
of involuntary care and treatment or that there was need for retention
of such person shall be construed or deemed to be a determination or
finding that such person is incompetent or is unable adequately to
conduct his OR HER personal or business affairs; PROVIDED, HOWEVER, THAT
THE EXISTENCE OF SUCH AN ORDER OR DETERMINATION SHALL MAKE SUCH PERSON
INELIGIBLE FOR A FIREARMS LICENSE PURSUANT TO SECTION 400.00 OF THE
PENAL LAW AND SHALL MAKE SUCH PERSON INELIGIBLE TO PURCHASE A FIREARM
PURSUANT TO 18 USC 922.
S 9. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction to
be invalid and after exhaustion of all further judicial review, the
judgment shall not affect, impair or invalidate the remainder thereof,
A. 3081 4
but shall be confined in its operation to the clause, sentence, para-
graph, section or part of this act directly involved in the controversy
in which the judgment shall have been rendered.
S 10. This act shall take effect on the ninetieth day after it shall
have become a law, provided that the amendments to paragraph 2 of subdi-
vision (j) of section 9.60 of the mental hygiene law made by section six
of this act shall not affect the repeal of such section and shall be
deemed repealed therewith.