assembly Bill A9978

2017-2018 Legislative Session

Relates to access to foreign state records concerning previous or present mental illness of applicants for firearms license

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Archive: Last Bill Status - Passed Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 06, 2018 referred to codes
delivered to senate
passed assembly
ordered to third reading rules cal.13
rules report cal.13
reported
Mar 05, 2018 reported referred to rules
Mar 02, 2018 referred to codes

Co-Sponsors

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A9978 (ACTIVE) - Details

See Senate Version of this Bill:
S7605
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §400.00, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: A7463
2019-2020: A1213, S2438

A9978 (ACTIVE) - Summary

Relates to access to foreign state records concerning previous or present mental illness of applicants for firearms licenses.

A9978 (ACTIVE) - Bill Text download pdf


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

                                  9978

                          I N  A S S E M B L Y

                              March 2, 2018
                               ___________

Introduced by M. of A. HUNTER -- read once and referred to the Committee
  on Codes

AN  ACT  to  amend the penal law, in relation to access to foreign state
  records

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

  Section  1.  Subdivision  4  of  section  400.00  of the penal law, as
amended by chapter 1 of the laws of 2013, is amended to read as follows:
  4. Investigation. Before a license is issued or renewed,  there  shall
be an investigation of all statements required in the application by the
duly  constituted police authorities of the locality where such applica-
tion is made, including but not limited to such records as may be acces-
sible to the division of state police or division  of  criminal  justice
services  pursuant  to section 400.02 of this article. For that purpose,
the records of the  appropriate  office  of  the  department  of  mental
hygiene  concerning  previous or present mental illness of the applicant
shall be available for inspection by the investigating  officer  of  the
police  authority.  WHERE THE APPLICANT IS DOMICILED IN A FOREIGN STATE,
THE INVESTIGATION SHALL INCLUDE INQUIRY OF THE FOREIGN STATE FOR RECORDS
CONCERNING THE PREVIOUS OR PRESENT MENTAL ILLNESS OF THE APPLICANT, AND,
TO THE EXTENT NECESSARY FOR INSPECTION BY THE INVESTIGATING OFFICER, THE
APPLICANT SHALL EXECUTE A WAIVER OF CONFIDENTIALITY OF  SUCH  RECORD  IN
SUCH FORM AS MAY BE REQUIRED BY THE FOREIGN STATE. In order to ascertain
any  previous  criminal record, the investigating officer shall take the
fingerprints and physical descriptive  data  in  quadruplicate  of  each
individual by whom the application is signed and verified. Two copies of
such  fingerprints  shall  be  taken on standard fingerprint cards eight
inches square, and one copy may be taken on a  card  supplied  for  that
purpose  by the federal bureau of investigation; provided, however, that
in the case of a corporate applicant that  has  already  been  issued  a
dealer  in firearms license and seeks to operate a firearm dealership at
a second or subsequent location, the original fingerprints on  file  may
be  used  to  ascertain  any criminal record in the second or subsequent
application unless any of the corporate officers have changed since  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets