senate Bill S1605

2021-2022 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 Codes 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 14, 2021 referred to codes

S1605 (ACTIVE) - Details

See Assembly Version of this Bill:
A3829
Current Committee:
Senate Codes
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
2019-2020: S7065, A1589

S1605 (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.

S1605 (ACTIVE) - Sponsor Memo

S1605 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1605
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed 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
 the  date  the  federal  firearms  licensee contacted NICS to initiate a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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