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Assembly Bill A1748

2015-2016 Legislative Session

Provides for the temporary surrender of firearms where an individual may be a danger to himself or herself or others

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Archive: Last Bill Status - In Assembly Committee

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2015-A1748 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง400.05, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A486
2011-2012: A169
2013-2014: A1157
2017-2018: A145
2019-2020: A396
2021-2022: A630
2023-2024: A7227
2025-2026: A2233

2015-A1748 (ACTIVE) - Summary

Provides for the temporary surrender of firearms to the police by any person who is taken into custody by the police for the purpose of a mental examination and prior to an examination ordered pursuant to article seven hundred thirty of the criminal procedure law; requires a "cooling off period" following the discharge from psychiatric care during which time firearms, which came into police custody during the person's prehospitalization intervention or during hospitalization, may be kept in police custody for thirty days, or after a psychiatric examiner has determined whether the person is a threat to himself or herself or others; provides that a judge of the local jurisdiction may order an early return of the firearms if he or she determines that it would be appropriate to do so.

2015-A1748 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1748

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced  by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. COLTON,
  ORTIZ, SCARBOROUGH, WRIGHT -- read once and referred to the  Committee
  on Codes

AN ACT to amend the penal law, in relation to the temporary surrender of
  firearms for public safety purposes

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 400.05 of the penal law is amended by adding a  new
subdivision 7 to read as follows:
  7.  (A)  ANY  PERSON  WHO  IS TAKEN INTO CUSTODY BY THE POLICE FOR THE
PURPOSE OF A MENTAL EXAMINATION, AND PRIOR  TO  AN  EXAMINATION  ORDERED
PURSUANT  TO ARTICLE SEVEN HUNDRED THIRTY OF THE CRIMINAL PROCEDURE LAW,
SHALL BE REQUIRED TO SURRENDER HIS OR HER FIREARMS AS DEFINED IN  SUBDI-
VISION THREE OF SECTION 265.00 OF THIS CHAPTER, TO THE POLICE.
  (B) THERE SHALL BE A "COOLING OFF PERIOD" FOLLOWING THE DISCHARGE FROM
PSYCHIATRIC  CARE  DURING  WHICH  TIME  FIREARMS, WHICH CAME INTO POLICE
CUSTODY DURING THE PERSON'S PRE-HOSPITALIZATION INTERVENTION  OR  DURING
HOSPITALIZATION, MAY BE KEPT IN POLICE CUSTODY FOR THIRTY DAYS, OR AFTER
A  PSYCHIATRIC EXAMINER HAS DETERMINED WHETHER THE PERSON IS A THREAT TO
HIMSELF OR HERSELF OR OTHERS. HOWEVER, A JUDGE OF THE LOCAL JURISDICTION
MAY ORDER AN EARLY RETURN OF THE FIREARMS IF HE OR SHE  DETERMINES  THAT
IT WOULD BE APPROPRIATE TO DO SO.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06179-01-5

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