senate Bill S7065

2019-2020 Legislative Session

Requires a purchaser of any firearm, rifle or shotgun to submit to a mental health evaluation

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to consumer protection

S7065 (ACTIVE) - Details

See Assembly Version of this Bill:
A1589
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §§897 & 898, Gen Bus L; amd §7.09, Ment Hyg L; amd §265.17, Pen L
Versions Introduced in 2017-2018 Legislative Session:
A10259

S7065 (ACTIVE) - Summary

Requires a purchaser of any firearm, rifle or shotgun to submit to a mental health evaluation and provide the seller with his or her approval to purchase such firearm.

S7065 (ACTIVE) - Sponsor Memo

S7065 (ACTIVE) - Bill Text download pdf


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

                                  7065

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2020
                               ___________

Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, the mental hygiene law and the
  penal law, in relation to requiring a mental health  evaluation  prior
  to the purchase of any firearm, rifle or shotgun

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 897 of the  general  business  law  is  amended  by
adding a new subdivision 1-a to read as follows:
  1-A.  BEFORE ANY SALE, EXCHANGE, OR DISPOSAL PURSUANT TO THIS ARTICLE,
A PURCHASER OF ANY FIREARM, RIFLE OR SHOTGUN SHALL SUBMIT  TO  A  MENTAL
HEALTH  EVALUATION  AND  PROVIDE  THE  SELLER  WITH  PROOF OF HIS OR HER
APPROVAL TO PURCHASE SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO SUBDIVI-
SION (M) OF SECTION 7.09 OF THE MENTAL HYGIENE LAW.
  § 2. Subdivision 1 of section 898 of  the  general  business  law,  as
amended  by chapter 129 of the laws of 2019, is amended and a new subdi-
vision 2-a is added to read as follows:
  1. In addition to any other requirements pursuant to state and federal
law, all sales, exchanges or disposals of firearms, rifles  or  shotguns
shall  be  conducted  in  accordance with this section unless such sale,
exchange or disposal is conducted by a licensed importer[,] OR  licensed
manufacturer  [or licensed dealer], as those terms are defined in 18 USC
§ 922, when such sale, exchange or disposal  is  conducted  pursuant  to
that  person's  federal  firearms  license  [or  such  sale, exchange or
disposal is between members  of  an  immediate  family].  When  a  sale,
exchange  or  disposal  is  conducted  pursuant  to  a  person's federal
firearms license, before delivering a firearm, rifle or shotgun  to  any
person, either (a) the National Instant Criminal Background Check System
(NICS)  or  its successor has issued a "proceed" response to the federal
firearms licensee, or (b) thirty calendar days shall have elapsed  since
the  date  the  federal  firearms  licensee contacted NICS to initiate a
national instant criminal background check and NICS has not notified the
federal firearms licensee that the transfer of  the  firearm,  rifle  or

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