S T A T E   O F   N E W   Y O R K
________________________________________________________________________
                                  2275
                       2015-2016 Regular Sessions
                          I N  A S S E M B L Y
                            January 15, 2015
                               ___________
Introduced by M. of A. CROUCH -- read once and referred to the Committee
  on Codes
AN  ACT to amend the penal law, in relation to revocation and suspension
  of licenses to carry, possess, repair and dispose of firearms
  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:
  Section  1. Paragraphs (b) and (c) of subdivision 11 of section 400.00
of the penal law, as added by chapter 1 of the laws of 2013, are amended
to read as follows:
  (b) Whenever the director of community services or his or her designee
makes a report pursuant to section 9.46 of the mental hygiene  law,  the
division  of  criminal  justice  services shall convey such information,
whenever it determines that the person named in the report  possesses  a
license  issued  pursuant  to this section, to the appropriate licensing
[official] OFFICER, who shall CONDUCT A HEARING ON THE ISSUE AND IF SUCH
OFFICIAL DETERMINES THAT SUCH PERSON  IS  A  DANGER  TO  HIMSELF  OR  TO
OTHERS, SUCH LICENSING OFFICER SHALL issue an order suspending or revok-
ing such license.
  (c)  In  any  instance  in  which  a  person's license is suspended or
revoked under paragraph (a) or (b)  of  this  subdivision,  such  person
shall  surrender  such  license  to the appropriate licensing [official]
OFFICER and any and all firearms, rifles, or shotguns owned or possessed
by such person shall be surrendered to an  appropriate  law  enforcement
agency as provided in subparagraph (f) of paragraph one of subdivision a
of  section  265.20 of this chapter. In the event such license, firearm,
shotgun, or rifle is not surrendered, such items shall be  removed  [and
declared  a  nuisance]  and  any  police officer or peace officer acting
pursuant to his or her special duties is authorized to  remove  any  and
all such weapons.
  S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05100-01-5