|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 14, 2021||referred to codes|
senate Bill S1605
Current Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1605 (ACTIVE) - Details
S1605 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1605 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
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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