Assembly Bill A7874

2023-2024 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 Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A7874 (ACTIVE) - Details

See Senate Version of this Bill:
S4126
Current Committee:
Assembly 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: A1589, S7065
2021-2022: A3829, S1605

2023-A7874 (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.

2023-A7874 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7874
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 7, 2023
                                ___________
 
 Introduced  by M. of A. SIMON -- 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 (N) 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.
                                                            LBD08614-01-3
              

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Anonymous
8 months ago

There are plenty of Ken's and Karen's that should submit to an examination!

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