assembly Bill A8909

2017-2018 Legislative Session

Relates to establishing the civil rights restoration act and amends provisions of law regarding firearm licenses; repealer

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Archive: Last Bill Status - In Assembly Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2018 referred to judiciary

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A8909 (ACTIVE) - Details

See Senate Version of this Bill:
S6419
Current Committee:
Assembly Judiciary
Law Section:
Civil Rights Law
Laws Affected:
Add §79-o, Civ Rts L; amd §§400, 400.02 & 400.05, rpld §400.00 sub 11 ¶¶(b) & (c), sub 16-a ¶(c), sub 10 ¶(b), §400.03, Pen L; amd §898, Gen Bus L; rpld §9.46, amd §33.13, Ment Hyg L; rpld §837 sub 19, Exec L
Versions Introduced in 2019-2020 Legislative Session:
S1174

A8909 (ACTIVE) - Summary

Relates to establishing the civil rights restoration act and amends provisions of law regarding firearm licenses and destruction of firearms; exempts certain individuals from providing photographs in order to obtain a firearm license; expands the definition of immediate family.

A8909 (ACTIVE) - Bill Text download pdf


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

                                  8909

                          I N  A S S E M B L Y

                             January 8, 2018
                               ___________

Introduced by M. of A. HAWLEY, STEC, BRABENEC, LAWRENCE, CROUCH, MONTES-
  ANO, BLANKENBUSH -- read once and referred to the Committee on Judici-
  ary

AN  ACT  to  amend the civil rights law, in relation to establishing the
  civil rights restoration act; to amend the penal law, in  relation  to
  medical  and/or clinical records and reporting for purposes of firearm
  licenses, in relation to the destruction of firearms, in  relation  to
  registration  of  sellers  of ammunition, and in relation to exempting
  certain individuals from having to provide a  photograph  for  firearm
  licensing  purposes; to amend the general business law, in relation to
  expanding the definition of immediate  family;  to  amend  the  mental
  hygiene law, in relation to reporting; repealing certain provisions of
  the penal law relating to firearms licenses and sellers of ammunition;
  and  repealing  certain  provisions  of the mental hygiene law and the
  executive law, relating to reporting of substantial risk or threat  of
  harm by mental health professionals

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "civil rights restoration act".
  §  2.  The civil rights law is amended by adding a new section 79-o to
read as follows:
  § 79-O. CIVIL RIGHTS RESTORATION. 1. IN ANY PROCEEDING THAT MAY IMPACT
AN INDIVIDUAL'S RIGHTS UNDER THE SECOND AMENDMENT OF THE  UNITED  STATES
CONSTITUTION,  OR  ANY  SIMILAR  STATE RIGHT, INCLUDING SUCH PROCEEDINGS
THAT COULD RESULT IN THE LOSS  OF  A  LICENSE  TO  CARRY  OR  POSSESS  A
FIREARM:
  (A)  NO COURT ORDER SHALL BE ISSUED NOR PROCEEDING BE COMMENCED UNLESS
ALL PLEADINGS OR OTHER ACCUSATORY INSTRUMENTS HAVE BEEN FILED AND SERVED
IN CONFORMITY WITH ARTICLE THIRTY OF THE CIVIL PRACTICE LAW  AND  RULES,
AND  WHERE  SUCH PLEADING INCLUDES AN ALLEGATION THAT THE INDIVIDUAL HAS
BEEN "INVOLUNTARILY COMMITTED TO A MENTAL  INSTITUTION,"  SUCH  PLEADING
SHALL  INCLUDE  AN ALLEGATION AS TO THE SAID COURT ORDER DATE AND JURIS-
DICTION;

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