Assembly Bill A4454

2017-2018 Legislative Session

Requires a recent psychiatric evaluation of a petitioner seeking relief from firearms disabilities

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A4454 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Judiciary Law
Laws Affected:
Amd §212, Judy L; amd §§7.09 & 13.09, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7046
2015-2016: A1151
2019-2020: A2583
2021-2022: A3419

2017-A4454 (ACTIVE) - Summary

Requires a recent psychiatric evaluation of a petitioner seeking relief from firearms disabilities.

2017-A4454 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4454
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced  by  M. of A. LAVINE, SIMON, SEAWRIGHT, COLTON -- Multi-Spon-
   sored by -- M. of A. GALEF -- 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07877-01-7
              

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