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

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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-S7605 (ACTIVE) - Details

See Assembly Version of this Bill:
A9978
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: S2438, A1213

2017-S7605 (ACTIVE) - Summary

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

2017-S7605 (ACTIVE) - Sponsor Memo

2017-S7605 (ACTIVE) - 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
              

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