NY State Senate Bill S7065

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
In Committee
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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 Other Legislative Sessions:: 2017-2018: A10259
2021-2022: S1605, A3829
2023-2024: S4126

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

 
BILL NUMBER: S7065

SPONSOR: SANDERS
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill will require a mental health evaluation before an individual
may purchase any firearm, rifle or shotgun.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends general business law section 897 by adding
a new subdivision I-a and section 2 of the bill amends section 898 of
the general business law by amending subdivision 1 and by adding a new
subdivision 2-a to require that before any sale, exchange, or disposal
of a firearm, rifle or shotgun at a gun show, by a federally licensed

dealer or private sale, including when such sale, exchange or disposal
is between immediate family members, 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 mental hygiene law section 7.09 (1).

Section 2a is added: 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
subdivision (m) of section 7.09 of the mental hygiene law.

Section 3 amends section 7.09 of the mental hygiene law by adding a new
subdivision (1) to require the commissioner of mental health to estab-
lish within the office of mental health an administrative process for
the mental health evaluation of any individual prior to such individ-
ual's purchase of any firearm, rifle or shotgun. The commissioner shall
promulgate regulations which shall include, but not be limited to,
provisions relating to mental health professionals approved to perform
the evaluation; the process for evaluation; and the development of a
standardized form to be used by mental health professionals performing
such evaluation to approve or deny an individual for purchase of a
firearm, rifle or shotgun.

This section also provides for the review of the denial of an individual
for purchase or other acquisition of any firearm, rifle or shotgun.

Section 4 amends penal law section 265.17 (3) by adding a new subdivi-
sion 4 to add that a person is guilty of criminal purchase or disposal
of a weapon when knowing that a mental health evaluation is required
under the mental hygiene law, he or she either purchases or disposes of
a firearm, rifle or shotgun without such mental health evaluation
approval for the purchaser.

Section 5 is the effective date.

 
JUSTIFICATION:

The many recent tragic events have clearly demonstrated the need to
prevent those with mental health problems from obtaining guns. This bill
will require that a mental health evaluation be conducted before an
individual can purchase or obtain a gun. This bill will help to protect
our citizens and prevent the death of innocent people.

 
PRIOR LEGISLATIVE HISTORY:

2018: A10259 referred to codes; same as 58223 (Alcantara) referred to
consumer protection

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such date.

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05237-03-9

S. 7065                             2

shotgun  to such person should be denied. [For purposes of this section,
"immediate family" shall mean spouses, domestic partners,  children  and
step-children.]
  2-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.
  § 3. Section 7.09 of the mental hygiene law is amended by adding a new
subdivision (m) to read as follows:
  (M) THE COMMISSIONER SHALL  ESTABLISH  WITHIN  THE  OFFICE  OF  MENTAL
HEALTH AN ADMINISTRATIVE PROCESS FOR THE MENTAL HEALTH EVALUATION OF ANY
INDIVIDUAL  PRIOR TO SUCH INDIVIDUAL'S PURCHASE OF ANY FIREARM, RIFLE OR
SHOTGUN. THE COMMISSIONER SHALL PROMULGATE REGULATIONS TO ESTABLISH  THE
MENTAL HEALTH EVALUATION PROCESS, WHICH SHALL INCLUDE, BUT NOT BE LIMIT-
ED  TO,  PROVISIONS  RELATING  TO:  (1)  THE MENTAL HEALTH PROFESSIONALS
APPROVED TO PERFORM SUCH EVALUATION, (2) THE PROCESS FOR  EVALUATION  BY
SUCH  MENTAL HEALTH PROFESSIONALS AND (3) THE DEVELOPMENT OF A STANDARD-
IZED FORM TO BE USED BY THE MENTAL HEALTH PROFESSIONAL  PERFORMING  SUCH
EVALUATION  TO  APPROVE OR DENY AN INDIVIDUAL FOR PURCHASE OF A FIREARM,
RIFLE OR SHOTGUN. THE DENIAL  OF  AN  INDIVIDUAL  FOR  PURCHASE  OF  ANY
FIREARM,  RIFLE  OR  SHOTGUN  MAY  BE  REVIEWED  DE NOVO PURSUANT TO THE
PROCEEDINGS UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL  PRACTICE  LAW  AND
RULES.
  §  4.  Subdivision  3  of section 265.17 of the penal law, as added by
chapter 1 of the laws of 2013, is amended and a  new  subdivision  4  is
added to read as follows:
  3.  Knowing that another person is prohibited by law from possessing a
firearm, rifle or shotgun because of a prior conviction  or  because  of
some  other  disability  which  would  render  him  or her ineligible to
lawfully possess a firearm, rifle or shotgun in  this  state,  a  person
disposes of a firearm, rifle or shotgun to such other person[.]; OR
  4.  KNOWING  THAT  A  MENTAL HEALTH EVALUATION IS REQUIRED PURSUANT TO
SUBDIVISION (M) OF SECTION 7.09 OF THE MENTAL HYGIENE  LAW,  HE  OR  SHE
EITHER PURCHASES OR DISPOSES OF A FIREARM, RIFLE OR SHOTGUN WITHOUT SUCH
MENTAL HEALTH EVALUATION APPROVAL FOR PURCHASE.
  § 5. This act shall take effect on the one hundred eightieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be  made  and
completed on or before such date.

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The New York State Senate

senate Bill S7065

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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S7065 (ACTIVE) - Details

S7065 (ACTIVE) - Summary

S7065 (ACTIVE) - Sponsor Memo

S7065 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S7065

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Sponsored By

James Sanders Jr.

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Your Voice

Actions

S7065 (ACTIVE) - Details

S7065 (ACTIVE) - Summary

S7065 (ACTIVE) - Sponsor Memo

S7065 (ACTIVE) - Bill Text download pdf

Comments