Provides for the temporary surrender of firearms to the police by any person who is taken into custody by the police for the purpose of a mental examination and prior to an examination ordered pursuant to article seven hundred thirty of the criminal procedure law; requires a "cooling off period" following the discharge from psychiatric care during which time firearms, which came into police custody during the person's pre-hospitalization intervention or during hospitalization, may be kept in police custody for thirty days, or after a psychiatric examiner has determined whether the person is a threat to themself or others; provides that a judge of the local jurisdiction may order an early return of the firearms if such judge determines that it would be appropriate to do so.
S T A T E O F N E W Y O R K
________________________________________________________________________
2233
2025-2026 Regular Sessions
I N A S S E M B L Y
January 15, 2025
___________
Introduced by M. of A. SIMON, SEAWRIGHT -- Multi-Sponsored by -- M. of
A. COLTON -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to the temporary surrender of
firearms for public safety purposes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 400.05 of the penal law is amended by adding a new
subdivision 7 to read as follows:
7. (A) ANY PERSON WHO IS TAKEN INTO CUSTODY BY THE POLICE FOR THE
PURPOSE OF A MENTAL EXAMINATION, AND PRIOR TO AN EXAMINATION ORDERED
PURSUANT TO ARTICLE SEVEN HUNDRED THIRTY OF THE CRIMINAL PROCEDURE LAW,
SHALL BE REQUIRED TO SURRENDER SUCH PERSON'S FIREARMS AS DEFINED IN
SUBDIVISION THREE OF SECTION 265.00 OF THIS CHAPTER, TO THE POLICE.
(B) THERE SHALL BE A "COOLING OFF PERIOD" FOLLOWING THE DISCHARGE FROM
PSYCHIATRIC CARE DURING WHICH TIME FIREARMS, WHICH CAME INTO POLICE
CUSTODY DURING THE PERSON'S PRE-HOSPITALIZATION INTERVENTION OR DURING
HOSPITALIZATION, MAY BE KEPT IN POLICE CUSTODY FOR THIRTY DAYS, OR AFTER
A PSYCHIATRIC EXAMINER HAS DETERMINED WHETHER THE PERSON IS A THREAT TO
THEMSELF OR OTHERS. HOWEVER, A JUDGE OF THE LOCAL JURISDICTION MAY ORDER
AN EARLY RETURN OF THE FIREARMS IF SUCH JUDGE DETERMINES THAT IT WOULD
BE APPROPRIATE TO DO SO.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04781-01-5
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