S T A T E O F N E W Y O R K
________________________________________________________________________
1151
2015-2016 Regular Sessions
I N A S S E M B L Y
January 8, 2015
___________
Introduced by M. of A. LAVINE -- read once and referred to the Committee
on Judiciary
AN ACT to amend the judiciary law and the mental hygiene law, in
relation to requiring a recent psychiatric evaluation of a petitioner
seeking relief from firearms disabilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (q) of subdivision 2 of section 212 of the judi-
ciary law, as amended by chapter 1 of the laws of 2013, is amended to
read as follows:
(q) (I) Adopt rules to require transmission, to the criminal justice
information services division of the federal bureau of investigation or
to the division of criminal justice services, of the name and other
identifying information of each person who has a guardian appointed for
him or her pursuant to any provision of state law, based on a determi-
nation that as a result of marked subnormal intelligence, mental
illness, incapacity, condition or disease, he or she lacks the mental
capacity to contract or manage his or her own affairs. Any such records
transmitted directly to the federal bureau of investigation must also be
transmitted to the division of criminal justice services, and any
records received by the division of criminal justice services pursuant
to this paragraph may be checked against the statewide license and
record database.
(II) ADOPT RULES TO ESTABLISH A RELIEF FROM DISABILITIES PROGRAM FOR
THOSE INDIVIDUALS WHO HAVE HAD GUARDIANS APPOINTED FOR THEM AND WHO
WOULD OTHERWISE BE PROHIBITED FROM PURCHASING OR POSSESSING FIREARMS AS
A RESULT OF TRANSMISSION OF INFORMATION PURSUANT TO SUBPARAGRAPH (I) OF
THIS PARAGRAPH. SUCH RULES SHALL REQUIRE SUBMISSION OF A RECENT PSYCHI-
ATRIC EVALUATION OF THE PETITIONER FOR SUCH RELIEF BY A QUALIFIED
PSYCHIATRIST, UNLESS THE PETITIONER SUBMITS EVIDENCE DEMONSTRATING THAT
THE ORIGINAL DISQUALIFICATION WAS ISSUED IN ERROR.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03313-01-5
A. 1151 2
S 2. Subdivision (j) of section 7.09 of the mental hygiene law, as
amended by chapter 1 of the laws of 2013, is amended to read as follows:
(j) (1) The commissioner, in cooperation with other applicable state
agencies, shall collect, retain or modify data or records, and shall
transmit such data or records: (i) to the division of criminal justice
services, or to the criminal justice information services division of
the federal bureau of investigation, for the purposes of responding to
queries to the national instant criminal background check system regard-
ing attempts to purchase or otherwise take possession of firearms, as
defined in 18 USC 921(a)(3), in accordance with applicable federal laws
or regulations, or (ii) to the division of criminal justice services,
which may re-disclose such data and records only for determining whether
a license issued pursuant to section 400.00 of the penal law should be
denied, suspended or revoked, under subdivision eleven of such section,
or for determining whether a person is no longer permitted under federal
or state law to possess a firearm. Such records, which may not be used
for any other purpose, shall include only names and other non-clinical
identifying information of persons who have been involuntarily committed
to a hospital pursuant to article nine of this chapter, or section four
hundred two or subdivision two of section five hundred eight of the
correction law, or article seven hundred thirty or section 330.20 of the
criminal procedure law or sections 322.2 or 353.4 of the family court
act, or to a secure treatment facility pursuant to article ten of this
chapter.
(2) The commissioner shall establish within the office of mental
health an administrative process to permit a person who has been or may
be disqualified from possessing such a firearm pursuant to 18 USC
922(4)(d) or who has been or may be disqualified from continuing to have
a license to carry, possess, repair, or dispose of a firearm under
section 400.00 of the penal law because such person was involuntarily
committed or civilly confined to a facility under the jurisdiction of
the commissioner, to petition for relief from that disability where such
person's record and reputation are such that such person will not be
likely to act in a manner dangerous to public safety and where the
granting of the relief would not be contrary to public safety. The
commissioner shall promulgate regulations to establish the relief from
disabilities program, which shall include, but not be limited to,
provisions providing for: (i) an opportunity for a disqualified person
to petition for relief in writing; (ii) SUBMISSION OF A RECENT PSYCHIAT-
RIC EVALUATION OF THE PETITIONER BY A QUALIFIED PSYCHIATRIST, UNLESS THE
PETITIONER SUBMITS EVIDENCE DEMONSTRATING THAT THE ORIGINAL DISQUALI-
FICATION WAS ISSUED IN ERROR; (III) the authority for the agency to
require that the petitioner undergo a clinical evaluation and risk
assessment; and [(iii)] (IV) a requirement that the agency issue a deci-
sion in writing explaining the reasons for a denial or grant of relief.
The denial of a petition for relief from disabilities may be reviewed de
novo pursuant to the proceedings under article seventy-eight of the
civil practice law and rules.
S 3. Subdivision (g) of section 13.09 of the mental hygiene law, as
amended by chapter 1 of the laws of 2013, is amended to read as follows:
(g) (1) The commissioner, in cooperation with other applicable state
agencies, shall collect, retain or modify data or records, and shall
transmit such data or records to: (i) the division of criminal justice
services, or to the criminal justice information services division of
the federal bureau of investigation, for the purposes of responding to
queries to the national instant criminal background check system regard-
A. 1151 3
ing attempts to purchase or otherwise take possession of firearms, as
defined in 18 USC 921(a)(3), in accordance with applicable federal laws
or regulations, or (ii) to the division of criminal justice services,
for the purposes of determining whether a license issued pursuant to
section 400.00 of the penal law should be denied, suspended or revoked,
under subdivision eleven of such section, or for determining whether a
person is no longer permitted under federal or state law to possess a
firearm. Such records shall include only names and other non-clinical
identifying information of persons who have had a guardian appointed for
them pursuant to any provision of state law, based on a determination
that as a result of marked subnormal intelligence, mental illness, inca-
pacity, condition or disease, they lack the mental capacity to contract
or manage their own affairs, and persons who have been involuntarily
committed to a facility pursuant to article fifteen of this chapter, or
article seven hundred thirty or section 330.20 of the criminal procedure
law or sections 322.2 or 353.4 of the family court act.
(2) The commissioner shall establish within the office for people with
developmental disabilities an administrative process to permit a person
who has been or may be disqualified from possessing such a firearm
pursuant to 18 USC 922(4)(d), or who has been or may be disqualified
from continuing to have a license to carry, possess, repair, or dispose
of a firearm under section 400.00 of the penal law because such person
was involuntarily committed or civilly confined to a facility under the
jurisdiction of the commissioner, to petition for relief from that disa-
bility where such person's record and reputation are such that such
person will not be likely to act in a manner dangerous to public safety
and where the granting of the relief would not be contrary to public
safety. The commissioner shall promulgate regulations to establish the
relief from disabilities program, which shall include, but not be limit-
ed to, provisions providing for: (i) an opportunity for a disqualified
person to petition for relief in writing; (ii) SUBMISSION OF A RECENT
PSYCHIATRIC EVALUATION OF THE PETITIONER BY A QUALIFIED PSYCHIATRIST,
UNLESS THE PETITIONER SUBMITS EVIDENCE DEMONSTRATING THAT THE ORIGINAL
DISQUALIFICATION WAS ISSUED IN ERROR; (III) the authority for the agency
to require that the petitioner undergo a clinical evaluation and risk
assessment; and [(iii)] (IV) a requirement that the agency issue a deci-
sion in writing explaining the reasons for a denial or grant of relief.
The denial of a petition for relief from disabilities may be reviewed de
novo pursuant to the proceedings under article seventy-eight of the
civil practice law and rules.
S 4. This act shall take effect on the first of January next succeed-
ing the date upon which it shall have become a law.