Senate Bill S4126

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4126
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2023
                                ___________
 
 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 (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
              

 S. 4126                             2
 
 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 (N) 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 (n) to read as follows:
   (N)  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  236  of the laws of 2021, 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, or knowing
 that another person is the subject of an outstanding warrant  of  arrest
 issued  upon  the  alleged  commission of a felony or serious offense, 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 (N) 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.