senate Bill S2438

2019-2020 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 Via - Passed Senate & Assembly


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

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 29, 2019 returned to assembly
passed senate
3rd reading cal.90
substituted for s2438
Jan 29, 2019 substituted by a1213
Jan 28, 2019 ordered to third reading cal.90
reported and committed to rules
Jan 24, 2019 referred to codes

Votes

view votes

Jan 29, 2019 - Codes committee Vote

S2438
9
0
committee
9
Aye
0
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Jan 29, 2019

aye wr (4)

Jan 28, 2019 - Rules committee Vote

S2438
15
1
committee
15
Aye
1
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Co-Sponsors

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S2438 - Details

See Assembly Version of this Bill:
A1213
Law Section:
Penal Law
Laws Affected:
Amd §400.00, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: A7463
2017-2018: S7605, A9978

S2438 - Summary

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

S2438 - Sponsor Memo

S2438 - Bill Text download pdf


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

                                  2438

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 24, 2019
                               ___________

Introduced by Sens. KAPLAN, KAVANAGH, ADDABBO, BAILEY, BENJAMIN, BIAGGI,
  BRESLIN,  BROOKS,  CARLUCCI,  COMRIE,  GAUGHRAN,  GIANARIS, GOUNARDES,
  HARCKHAM, HOYLMAN, JACKSON, KAMINSKY, KRUEGER, LIU, MAYER, MONTGOMERY,
  MYRIE, PARKER, PERSAUD, RAMOS, SALAZAR,  SAVINO,  SEPULVEDA,  SERRANO,
  STAVISKY,  STEWART-COUSINS,  THOMAS -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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