Assembly Bill A198A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  198--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  DINOWITZ, SEAWRIGHT, LUPARDO, OTIS,
   K. BROWN, BORES, MEEKS -- read once and referred to the  Committee  on
   Governmental Operations -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee

 AN  ACT to amend the executive law, in relation to establishing a volun-
   tary waiver of the right to purchase firearms, rifles, or shotguns
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 221-e
 to read as follows:
   § 221-E. VOLUNTARY WAIVER OF RIGHT TO PURCHASE  FIREARMS,  RIFLES,  OR
 SHOTGUNS.   1. AN INDIVIDUAL MAY FILE A VOLUNTARY WAIVER OF THE RIGHT TO
 PURCHASE A FIREARM, RIFLE OR SHOTGUN WITH THE DIVISION OF STATE  POLICE,
 IN  A  MANNER THAT SHALL BE DETERMINED BY THE SUPERINTENDENT. SUCH INDI-
 VIDUAL SHALL THEN BE PROHIBITED FROM  PURCHASING  FIREARMS,  RIFLES  AND
 SHOTGUNS.  THE  DIVISION  OF  STATE POLICE SHALL VERIFY THE INDIVIDUAL'S
 IDENTITY PRIOR TO ACCEPTING SUCH FORM. THE INDIVIDUAL FILING THE  WAIVER
 MAY  PROVIDE  AN  ADDITIONAL INDIVIDUAL TO BE CONTACTED IF THE WAIVER IS
 REVOKED AS SET FORTH IN SUBDIVISION THREE OF THIS SECTION.
   2. THE DIVISION OF STATE POLICE SHALL MAINTAIN  STATEWIDE  RECORDS  OF
 INDIVIDUALS WHO WAIVE THE RIGHT TO PURCHASE FIREARMS, RIFLES OR SHOTGUNS
 AS  SET FORTH IN SUBDIVISION ONE OF THIS SECTION AND REVOCATIONS OF SUCH
 WAIVERS AS SET FORTH IN SUBDIVISION THREE OF THIS SECTION. SUCH  RECORDS
 SHALL  BE  MAINTAINED  FOR  INTERNAL  USE  IN A MANNER DETERMINED BY THE
 SUPERINTENDENT. THE DIVISION OF STATE POLICE  SHALL  ENTER  EACH  WAIVER
 INTO  THE  NEW  YORK  STATE  NATIONAL  INSTANT CRIMINAL BACKGROUND CHECK
 SYSTEM AND ANY OTHER STATE COMPUTER-BASED SYSTEMS USED BY  LAW  ENFORCE-
 MENT  AGENCIES  OR OTHERS TO IDENTIFY PROHIBITED PURCHASERS OF FIREARMS,
 RIFLES AND SHOTGUNS WITHIN TWENTY-FOUR HOURS OF RECEIPT OF THE WAIVER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01026-02-5
              

 A. 198--A                           2
 
   3. AN INDIVIDUAL MAY FILE A REVOCATION OF THE WAIVER WITH THE DIVISION
 OF STATE POLICE IN A FORM THAT SHALL BE DETERMINED  BY  THE  SUPERINTEN-
 DENT. THE DIVISION OF STATE POLICE SHALL VERIFY THE INDIVIDUAL'S IDENTI-
 TY  PRIOR TO ACCEPTING SUCH REVOCATION.  TWENTY-ONE DAYS AFTER RECEIVING
 THE REVOCATION, THE DIVISION OF STATE POLICE SHALL REMOVE THE INDIVIDUAL
 FROM  THE  NEW  YORK  STATE  NATIONAL  INSTANT CRIMINAL BACKGROUND CHECK
 SYSTEM AND ANY OTHER STATE COMPUTER-BASED SYSTEMS USED BY  LAW  ENFORCE-
 MENT  AGENCIES  OR OTHERS TO IDENTIFY PROHIBITED PURCHASERS OF FIREARMS,
 RIFLES AND SHOTGUNS, TO INDICATE THAT THE  INDIVIDUAL  IS  NO  LONGER  A
 PROHIBITED  PURCHASER  OF FIREARMS, RIFLES OR SHOTGUNS DUE TO THE VOLUN-
 TARY WAIVER.
   4. A WAIVER PURSUANT TO THIS SECTION MAY NOT BE REQUIRED OF  AN  INDI-
 VIDUAL AS A CONDITION FOR RECEIVING EMPLOYMENT, BENEFITS OR SERVICES.
   5.  NO RECORDS REQUIRED BY THIS SECTION SHALL BE SUBJECT TO DISCLOSURE
 AND SHALL BE CONFIDENTIAL WITH RESPECT TO ALL MATTERS  INVOLVING  HEALTH
 CARE,  EMPLOYMENT,  EDUCATION,  HOUSING, INSURANCE, GOVERNMENT BENEFITS,
 AND CONTRACTING.
   6. ANY INFORMATION ABOUT AN INDIVIDUAL THAT IS CONTAINED IN, OR TRANS-
 MITTED TO, THE DIVISION OF STATE  POLICE  SHALL  NOT  BE  USED  FOR  ANY
 PURPOSE  OTHER  THAN  TO  DETERMINE THE ELIGIBILITY OF THE INDIVIDUAL TO
 RECEIVE A FIREARM.
   7. ANY PERSON WHO KNOWINGLY MAKES A FALSE STATEMENT OR  REPRESENTATION
 REGARDING  SUCH  PERSON'S IDENTITY WHEN SUBMITTING A VOLUNTARY WAIVER OF
 THE RIGHT TO PURCHASE A FIREARM, RIFLE OR SHOTGUN  SHALL  BE  GUILTY  OF
 OFFERING  A FALSE INSTRUMENT FOR FILING IN THE SECOND DEGREE, AS DEFINED
 BY SECTION 175.30 OF THE PENAL LAW.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.