senate Bill S7605

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Codes Committee


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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 30, 2018 referred to codes

Co-Sponsors

S7605 - Details

See Assembly Version of this Bill:
A9978
Law Section:
Penal Law
Laws Affected:
Amd §400.00, Pen L

S7605 - Summary

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

S7605 - Sponsor Memo

S7605 - Bill Text download pdf

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

                                  7605

                            I N  S E N A T E

                            January 30, 2018
                               ___________

Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
  printed to be committed 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
                      [ ] is old law to be omitted.

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