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Assembly Bill A396

2019-2020 Legislative Session

Provides for the temporary surrender of firearms where an individual may be a danger to himself or herself or others

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Archive: Last Bill Status - In Assembly Committee

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2019-A396 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §400.05, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A486
2011-2012: A169
2013-2014: A1157
2015-2016: A1748
2017-2018: A145
2021-2022: A630
2023-2024: A7227
2025-2026: A2233

2019-A396 (ACTIVE) - Summary

Provides for the temporary surrender of firearms to the police by any person who is taken into custody by the police for the purpose of a mental examination and prior to an examination ordered pursuant to article seven hundred thirty of the criminal procedure law; requires a "cooling off period" following the discharge from psychiatric care during which time firearms, which came into police custody during the person's prehospitalization intervention or during hospitalization, may be kept in police custody for thirty days, or after a psychiatric examiner has determined whether the person is a threat to himself or herself or others; provides that a judge of the local jurisdiction may order an early return of the firearms if he or she determines that it would be appropriate to do so.

2019-A396 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    396
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. COLTON,
   ORTIZ -- read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to the temporary surrender of
   firearms for public safety purposes

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 400.05 of the penal law is amended by adding a new
 subdivision 7 to read as follows:
   7. (A) ANY PERSON WHO IS TAKEN INTO CUSTODY  BY  THE  POLICE  FOR  THE
 PURPOSE  OF  A  MENTAL  EXAMINATION, AND PRIOR TO AN EXAMINATION ORDERED
 PURSUANT TO ARTICLE SEVEN HUNDRED THIRTY OF THE CRIMINAL PROCEDURE  LAW,
 SHALL  BE REQUIRED TO SURRENDER HIS OR HER FIREARMS AS DEFINED IN SUBDI-
 VISION THREE OF SECTION 265.00 OF THIS CHAPTER, TO THE POLICE.
   (B) THERE SHALL BE A "COOLING OFF PERIOD" FOLLOWING THE DISCHARGE FROM
 PSYCHIATRIC CARE DURING WHICH TIME  FIREARMS,  WHICH  CAME  INTO  POLICE
 CUSTODY  DURING  THE PERSON'S PRE-HOSPITALIZATION INTERVENTION OR DURING
 HOSPITALIZATION, MAY BE KEPT IN POLICE CUSTODY FOR THIRTY DAYS, OR AFTER
 A PSYCHIATRIC EXAMINER HAS DETERMINED WHETHER THE PERSON IS A THREAT  TO
 HIMSELF OR HERSELF OR OTHERS. HOWEVER, A JUDGE OF THE LOCAL JURISDICTION
 MAY  ORDER  AN EARLY RETURN OF THE FIREARMS IF HE OR SHE DETERMINES THAT
 IT WOULD BE APPROPRIATE TO DO SO.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01969-01-9

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