The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3829
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by  M. of A. ABINANTI, TAYLOR, PAULIN, BENEDETTO, SEAWRIGHT,
   DARLING -- Multi-Sponsored by -- M.  of  A.  COOK  --  read  once  and
   referred to the Committee on Codes
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01010-01-1

 A. 3829                             2
 
 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
 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.