Assembly Bill A11121

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11121
 
                           I N  A S S E M B L Y
 
                             November 6, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES  -- (at request of M. of A. Paulin,
   Dinowitz, Abinanti, Gottfried, Fahy, Seawright, Englebright,  Dickens)
   -- read once and referred to the Committee on Governmental Operations
 
 AN  ACT  to amend the executive law, in relation to creating a statewide
   registry for individuals  waiving  the  right  to  purchase  firearms,
   rifles or shotguns

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section  221-e
 to read as follows:
   § 221-E. RIGHT TO PURCHASE FIREARMS, RIFLES, OR SHOTGUNS WAIVER REGIS-
 TRY.  1.  FOR  PURPOSES OF THIS SECTION, THE FOLLOWING DEFINITIONS SHALL
 APPLY: (A) "WAIVER" MEANS A VOLUNTARY WAIVER OF THE RIGHT TO PURCHASE  A
 FIREARM, RIFLE, OR SHOTGUN; AND
   (B)  "REGISTRY"  MEANS  THE STATEWIDE REGISTRY OF INDIVIDUALS WHO HAVE
 WAIVED THE RIGHT TO PURCHASE FIREARMS, RIFLES,  OR  SHOTGUNS  AS  ESTAB-
 LISHED BY THIS SECTION.
   2. THE DIVISION OF STATE POLICE SHALL DEVELOP AND MAINTAIN A STATEWIDE
 REGISTRY OF INDIVIDUALS WHO WAIVE THE RIGHT TO PURCHASE FIREARMS, RIFLES
 OR  SHOTGUNS  AS  SET  FORTH  IN SUBDIVISION THREE OF THIS SECTION. SUCH
 REGISTRY SHALL BE MAINTAINED BY THE DIVISION  OF  STATE  POLICE  AS  SET
 FORTH  BY  THE  SUPERINTENDENT AND SHALL BE MAINTAINED FOR INTERNAL USE.
 THE DIVISION OF STATE POLICE SHALL ENTER EACH WAIVER INTO THE  REGISTRY,
 THE  NATIONAL  INSTANT  CRIMINAL  BACKGROUND  CHECK SYSTEM AND ANY OTHER
 FEDERAL OR STATE COMPUTER-BASED SYSTEMS USED BY LAW ENFORCEMENT AGENCIES
 OR OTHERS TO IDENTIFY PROHIBITED  PURCHASERS  OF  FIREARMS,  RIFLES  AND
 SHOTGUNS WITHIN TWENTY-FOUR HOURS OF RECEIPT OF THE WAIVER.
   3.  AN INDIVIDUAL MAY FILE A VOLUNTARY WAIVER OF THE RIGHT TO PURCHASE
 A FIREARM, RIFLE OR SHOTGUN WITH THE DIVISION OF STATE POLICE, IN A FORM
 THAT SHALL BE DETERMINED BY THE SUPERINTENDENT,  SUCH  INDIVIDUAL  SHALL
 THEN  BE  PROHIBITED  FROM PURCHASING FIREARMS, RIFLES AND SHOTGUNS. THE
 DIVISION OF STATE POLICE SHALL REQUEST PHOTO  IDENTIFICATION  TO  VERIFY
 THE  INDIVIDUAL'S  IDENTITY PRIOR TO ACCEPTING SUCH FORM. THE INDIVIDUAL
 FILING THE WAIVER SHALL PROVIDE AN ALTERNATE INDIVIDUAL TO BE  CONTACTED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD17513-01-0

 A. 11121                            2

 IF  THE  WAIVER  IS  REVOKED  AS  SET  FORTH IN SUBDIVISION FOUR OF THIS
 SECTION.  THE WAIVER SHALL BE ENTERED  IN  THE  REGISTRY  CREATED  UNDER
 SUBDIVISION TWO OF THIS SECTION ON THE SAME DAY IT IS FILED.
   4.  NO SOONER THAN TWENTY-ONE DAYS AFTER FILING A WAIVER AN INDIVIDUAL
 ON THE REGISTRY MAY FILE A REVOCATION OF THE WAIVER WITH THE DIVISION OF
 STATE POLICE IN A FORM THAT SHALL BE DETERMINED BY  THE  SUPERINTENDENT.
 THE DIVISION OF STATE POLICE SHALL REQUEST PHOTO IDENTIFICATION TO VERI-
 FY  THE  INDIVIDUAL'S IDENTITY PRIOR TO ACCEPTING SUCH WAIVER. THE DIVI-
 SION OF STATE POLICE SHALL REMOVE SUCH INDIVIDUAL FROM THE REGISTRY  AND
 SHALL ENTER THE REVOCATION OF THE WAIVER INTO THE NATIONAL INSTANT CRIM-
 INAL  BACKGROUND  CHECK  SYSTEM AND ANY OTHER FEDERAL OR STATE COMPUTER-
 BASED SYSTEMS USED BY LAW ENFORCEMENT AGENCIES  OR  OTHERS  TO  IDENTIFY
 PROHIBITED  PURCHASERS  OF  FIREARMS, RIFLES AND SHOTGUNS WITHIN TWENTY-
 FOUR HOURS OF RECEIPT OF THE REVOCATION FORM, TO INDICATE THAT THE INDI-
 VIDUAL IS NO LONGER A PROHIBITED PURCHASER DUE TO THE  VOLUNTARY  WAIVER
 OF THE RIGHT TO PURCHASE FIREARMS, RIFLES AND SHOTGUNS.
   5.  A  WAIVER PURSUANT TO THIS SECTION MAY NOT BE REQUIRED OF AN INDI-
 VIDUAL AS A CONDITION FOR RECEIVING EMPLOYMENT, BENEFITS OR SERVICES.
   6. NO RECORDS REQUIRED BY THIS SECTION SHALL BE SUBJECT TO  DISCLOSURE
 AND  SHALL  BE CONFIDENTIAL WITH RESPECT TO ALL MATTERS INVOLVING HEALTH
 CARE, EMPLOYMENT, EDUCATION, HOUSING,  INSURANCE,  GOVERNMENT  BENEFITS,
 AND CONTRACTING.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.