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Section 2 adds a new section to the CPL that requires a sentencing judge to demand surrender of a gun license or registration and all guns possessed by the defendant upon judgment of conviction for an offense that requires the seizure of a gun and the revocation of a gun license or registration. Sections 4 through 16 amend the Family Court Act, the Domestic Relations Law and the CPL to require, under certain circumstances, the mandatory suspension or revocation of the firearms license of a person against whom an order of protection or a temporary order of protection has been issued.

January 15, 2013

ALBANY, NY - Here's a copy of the new gun law that was passed late last night in the NY State Senate:

S2230-2013 Memo
BILL NUMBER:S2230

TITLE OF BILL:

An act
to amend the criminal procedure law, the correction law,
the family court act, the executive law,
the general business law, the judiciary law,
the mental
hygiene law,
the penal law and
the surrogate's court procedure act,
in relation to suspension and
revocation of firearms
licenses; private
sale or disposal
of firearms, rifles or shotguns and
establishing a minimum
age to possess a firearm;
to amend the family court act, the domestic relations law and the
criminal procedure law, in relation to providing for the mandatory
suspension or revocation of the firearms license of a person against
whom an order of protection or a temporary order of protection has been
issued under certain circumstances, or upon violation of any such order;
to amend the penal law, in relation to
community guns and the
criminal sale of a firearm and in relation to the
definitions of aggravated and first degree murder;
to amend chapter 408 of the laws of 1999 constituting
Kendra's Law,
in relation to extending the expiration thereof; and
to amend the education law, in relation to the New York state
school safety
improvement teams; and
in relation to building aid for metal detectors and
safety devices

PURPOSE:

This legislation will protect New Yorkers by reducing the availability
of assault weapons and deterring the criminal use of firearms while
promoting a fair, consistent and efficient method of ensuring that
sportsmen and other legal gun owners have full enjoyment of the guns
to which they are entitled. A thoughtful network of laws provides the
toughest, most comprehensive and balanced answer in the nation to gun
violence. Through this legislation, New York is the first in the
nation to completely ban all pre-1994 high capacity magazines; to ban
any magazine that holds more than seven rounds (rather
than a limit of ten) and to both track ammunition purchases in real
time to permit alerts on high volume buyers, while also checking on
the buyer's background.

In a range of reforms the bill attends to the weaknesses in the
state's current regulatory structure to bring a consistency and
rationality that must be the cornerstone of a safe society. A single
standard across the State will ensure that legal gun owners obtain
their licenses expeditiously while those prohibited are denied that

privilege. A statewide database will keep the registry current and
guard against the dangerous or unstable possessing guns. New rules
will close a loophole that excludes private sales of guns from a
federal background check; tighten provisions governing gun ownership
by persons with serious mental illness; require safe storage of guns
for gun owners who live with someone who has been convicted of
certain crimes, is under an order of protection, or who has been
involuntarily committed as a result of a mental illness. The bill
also creates new and enhanced penalties for illegal gun use, and
enhances protections for victims of domestic violence by requiring
the firearm surrenders and gun license suspension and revocation in
cases where an order of protection has been issued.

SUMMARY OF PROVISIONS:

Assault Weapons

Section 37 of the bill amends Penal Law � 265.00(22) in order to
strengthen New York's assault weapon ban, expanding its reach and
making it easier to enforce. The proposed amendments replace the
existing ban consisting of and a "two-feature" test adopted from the
now-expired federal assault weapons ban with a clearer "one-feature"
test. The "two-feature" test bans any gun that is semi-automatic, has
a detachable magazine (in the case of pistols and rifles), and
possesses two features that are commonly associated with military
weapons. The "one-feature" test would ban semi-automatic guns with
detachable magazines that possess one feature commonly associated
with military weapons. This section also adds to the list of
"features" that characterize a banned weapon.

Within one year of the effective date, all weapons defined as assault
weapons under the new "one-feature" test, as well as weapons
grandfathered in under the original assault weapons ban, must be
registered. Current owners of these banned weapons may transfer the
weapons only to a firearms dealer or transfer to an out of state
buyer. All registered owners will be subject to a review of
disqualifiers by the State Police.

Ammunition

Section 38 of the bill amends Penal Law � 265.00(23) to ban all large
capacity magazines that have the capacity to hold more than ten
rounds of ammunition including those that were grandfathered in under
the original assault weapons ban and creates a new ban on magazines
that hold more than seven rounds of ammunition. Magazines that can
hold more than seven rounds but not more than ten rounds and are
currently possessed will be grandfathered in, but may only contain
seven rounds of ammunition. Exceptions are made for large capacity
magazines that are curios or relics.

Section 39 also adds a new section to Penal Law � 265.00 to define
seller of ammunition.

Section 50 of the bill enhances control over sales of ammunition by
adding a new Penal Law � 400.03 requiring (1) that sellers of

ammunition register with the superintendent of the State police (2)
that prior to a sale of ammunition, a seller must run the buyer
through a State-created review of disqualifiers to ensure that the
buyer is not prohibited by law from possessing ammunition, and (3)
that ammunition sales are electronically accessible to the State. In
addition, to prevent from purchasing ammunition, the bill requires
that any ammunition sold commercially must be conducted by a seller
that can perform a background check.

Licensing

Section 49 creates a new Penal Law � 400.02 establishing a statewide
gun license and record database. Section 18 amends Section 212 of the
Judiciary Law to require that records submitted to the Federal Bureau
of Investigation regarding individuals for whom a guardian has been
appointed be transmitted to the State and checked against the
statewide gun license and record database.

Several sections of the bill strengthen statutory provisions related
to the licensing of firearms, shotguns, and rifles. Section 1 amends
Criminal Procedure Law (CPL) � 330.20 to require the revocation of
any gun license from and the surrender of any gun by a defendant upon
an entry of a verdict of not responsible by reason of mental disease
or defect, upon
the acceptance of a plea of not responsible by reason of mental
disease or defect, or upon a finding that a defendant is an
incapacitated person pursuant to the CPL. Section 2 adds a new
section to the CPL that requires a sentencing judge to demand
surrender of a gun license or registration and all guns possessed by
the defendant upon judgment of conviction for an offense that
requires the seizure of a gun and the revocation of a gun license or
registration. Sections 4 through 16 amend the Family Court Act, the
Domestic Relations Law and the CPL to require, under certain
circumstances, the mandatory suspension or revocation of the firearms
license of a person against whom an order of protection or a
temporary order of protection has been issued.

Section 48 of the bill amends the Penal Law to require that every
county recertify a gun license holder's license every five years.
Failure to recertify during this five year period equates to
revocation of the license. The section also adds bases for denial of
a license to an applicant, including connection of a felony or
serious offense, being presently subject to an order of protection;
and expands the criteria for denial based on an applicant's history
of mental illness.

Private Sales

Under current New York law, background checks on gun purchasers are
required for all purchases of guns from gun dealers and at gun shows.
Section 17 will expand this requirement by adding a new article to
the General Business Law requiring background checks to be completed
for all gun sales, except for immediate family. Thus private sellers
may transfer a gun only if the buyer has obtained a federal "NICS"
check. Further, dealers

must maintain records of private sale background checks, and private
sellers may charge a fee of up to $10 on a transaction. Transfers
between immediate family members will be exempt from the requirements
of this section.

Safe Storage

To prevent, among other things, unauthorized and unlicensed use of
guns, section 47 of the bill adds a new Penal Law � 265.45
establishing safe storage requirements for rifles, shotguns and
firearms. Under this new section, a gun owner who lives with someone
who the owner has reason to know is prohibited from possessing a gun
because the prohibited person has been convicted of a crime
punishable by a term of imprisonment exceeding one year, has been
adjudicated mentally defective or committed to a mental institution,
is subject to a court order of protection or has been convicted of a
misdemeanor crime of domestic violence whose sentence has been
completed in the last five years must, when the gun is out of the
owner's immediate control, keep the gun secured in a safe storage
depository (for example, a safe or similar secure container with a
lock that can be opened only with a key or combination, or other
locking mechanism) or render it incapable of being fired by putting a
safety lock on the gun.

Provisions Related to Persons with Mental Illness

Amendments to the Mental Hygiene Law will help ensure that persons who
are mentally ill and dangerous cannot retain or obtain a firearm.
First, mental health records that are currently sent to NIDCS for a
federal background check will also be housed in a New York State
database. A new Section 9.46 of the Mental Hygiene Law will require
mental health professionals, in the exercise of reasonable
professional judgment, to report if an individual they are treating
is likely to engage in conduct that will cause serious harm to
him- or herself or others. A good faith decision about whether to report
will not be a basis for any criminal or civil liability. When a
Section 9.46 report is made, the Division of Criminal Justice
Services will determine whether the person possesses a firearms
license and, if so, will notify the appropriate local licensing
official, who must suspend the license. The person's firearms will
then be removed.

The bill extends Kendra's Law through 2017 and amends the law by:
extending the duration of the initial assisted out-patient treatment
order from 6 months to one year; requiring a review before the
assisted out-patient treatment order for a mentally ill inmate is
terminated; requiring an assisted out-patient treatment order to
follow a person from one county to another if he or she changes
residence; and will require the Office of Mental Hygiene (OMH) to
conduct an assisted out-patient treatment assessment with a state
prisoner is being discharged to the community from and OHM hospital.

New and Enhanced Criminal Penalties

Several sections of the bill create new and enhanced penalties for
illegal gun use. Sections 33 through 36, known as "Mark's Law," will
include the intentional murder of certain first responders in the
Class A-1 felonies of murder in the first degree and
aggravated murder. The mandatory penalty for a conviction of
aggravated murder is life without parole.

A new Penal Law Section 460.22, aggravated enterprise corruption,
recognizes the significant threat to public safety posed by organized
violent gangs and their illegal purchases of weapons by creating an
A-1 felony for cases when members of the enterprise commit certain
combinations of offenses. Those combinations are: first, a pattern of
criminal activity that constitutes Class B felonies or higher, and at
least two of those acts are armed felonies; or second, one act is a
Class B violent felony and two acts constitute a violation of the
newly added Section 265.17 (3) which prohibits the purchase on behalf
of or disposal of a weapon to an individual who is prohibited by law
from possessing such a weapon. This provision also addresses the
issue of "straw purchasers" where individuals who are not prohibited
by law to purchase weapons do so for others, for example, gang
members who may not possess a weapon because of a prior conviction or
other disability under law.

Section 41 increases the penalty for possession of a firearm on school
grounds or on a school bus from a misdemeanor to a Class E Felony.
Section 41-a creates a new subdivision of criminal possession of a
weapon in the third degree, a Class D violent felony, when a person
possesses an unloaded firearm and also commits a drug trafficking
felony or possesses an unloaded firearm and also commits any violent
felony as part of the same criminal transaction. The mandatory
minimum sentence for these new Class D felonies is a three and
one-half year determinate sentence, although the court may consider
mitigating factors and impose a lesser sentence in some limited
circumstances involving drug trafficking.

Section 45 creates the crime of aggravated criminal possession of a
weapon, a Class C felony, which is committed when one possesses a
loaded firearm under � 255.03 of the Penal Law and also commits any
violent felony offense or a drug trafficking felony. The minimum
mandatory sentence is 5 years.

Section 32 amends Penal Law � 120.05 by adding a new subdivision 4-a
to create the crime of assault in the second degree when a person
recklessly causes physical injury to a child by the intentional
discharge of a firearm, rifle or shotgun.

Section 43 amends Penal Law � 265.17 to include criminal sale or
disposal of a weapon by providing a firearm, rifle or shotgun to a
person knowing he or she is prohibited by law from possessing such
firearm, rifle or shotgun. The penalty is raised from a Class A
misdemeanor to a Class D felony.

Section 31 adds Penal Law � 115.20 making it a Class A misdemeanor to
make available, sell, exchange, give or dispose of a community gun
that aids a person in committing a crime. A community gun is defined
as one that is made available to among or between two or more persons

at least one of whom is not authorized pursuant to law to possess
such firearm.

Safer Schools

The bill adds a new Section 2801-b to the Education Law to establish
New York State School Safety Improvement Teams to review, assess, and
make recommendations on School Safety Plans submitted by school
districts on a voluntary basis.
Section 3602 of the Education Law is amended to allow school districts
that purchase various security devices included in their School
Safety Plans to receive state building aid reimbursement at a rate
ten percent higher than their current building aid ratio. Section 55
is the severability clause, and Section 56 establishes the effective
date.

EXISTING LAW:

This bill amends the Correction Law, the Criminal Procedure Law, the
Domestic Relations Law, the Executive Law, the Family Court Act, the
General Business Law, the Judiciary Law, Kendra's Law (Section 18 of
Chapter 408 of the Laws of 1999, as amended by Chapter 139 of the
Laws of 2010), the Mental Hygiene Law, the Penal Law, and the
Surrogates Court Act.

STATEMENT IN SUPPORT:

In the wrong hands, guns are weapons of untold destruction and
heartbreak: family and community members are taken from us in an
instant; mass shootings shatter our sense of safety in public spaces;
street crimes plague our neighborhoods. Nationwide, gun violence
claims over 30,000 lives annually.

While the Second Amendment protects the right to keep and bear arms,
the Supreme Court has said that that right is "not unlimited."
District of Columbia v. Heller, 554 U.S. 570, 595, 626 (2008). In the
Heller case, the Supreme Court explained, "nothing in our opinion
should be taken to cast doubt on longstanding prohibitions on the
possession of firearms by felons and the mentally ill, or laws
forbidding the carrying of firearms in sensitive places such as
schools and government buildings, or laws imposing conditions and
qualifications on the commercial sale of arms." 554 U.S. at 626-27.
The Court also recognized there is a "historical tradition of
prohibiting the carrying of 'dangerous and unusual' weapons." Id.
This piece of legislation heeds the guidance of the Supreme Court by
refining and improving the assault weapon ban and increasing the
safety of New Yorkers while observing the protections of the Second
Amendment.

Some weapons are so dangerous and some ammunition devices so lethal
that we simply cannot afford to continue selling them in our state.
Assault weapons that have military-style features unnecessary for
hunting and sporting purposes are this kind of weapon. The test
adopted in this legislation is intended to bring a simplicity of
definition focusing on the lethality of the weapon, amplified by the
particular features. Given the difficulty of maintaining a list of

guns that keeps pace with changes in weapon design, the one-feature
test is a more comprehensive means for addressing these dangerous
weapons.

Ammunition

The state's previous ban against high capacity magazines faltered
because it was impossible to tell the difference between magazines
manufactured before or after the effective date of the ban. This bill
prohibits possession of all magazines with the capacity to contain
more than ten rounds, regardless of the date of manufacture. Going
forward, individuals will only be able to obtain magazines that can
contain up to seven rounds. Those who currently possess magazines
that can contain more than seven rounds will only be permitted to
maintain up to seven rounds in such magazines.

The new law also provides a mechanism to identify individual who
purchase unusually high volumes of ammunition, either in person or
over the Internet. Sellers must run the buyer's name through a State
database modeled after the federal "NICS" database to ensure the
buyer is not prohibited by law from possessing ammunition. Ammunition
sellers are also required to electronically file with the State
records of each ammunition sale, including amount sold.

In order to prevent circumvention of these new controls, this bill
requires that any seller--whether located in New York or out of
state-ship the ammunition to a dealer within New York for in-person
pick-up. The dealer is required to maintain records of the ammunition
sale and to perform a State review of disqualifiers. Direct shipment
of ammunition without a face-to-face transaction prevents a seller
from being able to adequately confirm the identity of a buyer through
the in-person inspection of a valid photo ID. Without adequate
confirmation of a buyer's identity, the benefits of background checks
and record keeping are completely circumvented. A law requiring all
ammunition sales to culminate in a face-to-face transfer, thereby
allowing for effective confirmation of purchaser identity and
corresponding background check, is consistent with this scheme.

Licensing

Currently in New York State, outside of New York City, Westchester,
Nassau and Suffolk Counties, a gun license never expires. Lack of a
renewal procedure means there is no periodic review of a licensee's
qualifications. Thus, if a license holder becomes disqualified from
carrying a gun subsequent to obtaining a license, he or she will
likely retain the license. This law requires every license holder to
recertify the licensee's gun license every five years. Failure of a
licensee to have his or her license recertified will result in
revocation of the license.

In addition, in order to ensure that legal gun license holders receive
their licenses as swiftly as possible and to ensure the swift and
accurate ability to match license holders with disqualifying events
such as a felony conviction, the bill establishes an electronic
license and record database. The electronic database will permit

regular matching by the State against records of prohibited persons
(e.g., those with criminal histories, orders of protection, and
mental illnesses that bar gun ownership and licensing) as well as
against other databases such as death records to ensure that New
York's license records are up to date.

Furthermore, orders of protection are intended to protect victims of
domestic violence from their abusers and prevent violent crimes from
occurring. This bill enhances protections for victims of domestic
violence by strengthening the provisions regarding the possession and
surrender of firearms and the suspension and revocation of, and
ineligibility for, licenses by individuals who are the respondents in
an order of protection. The bill makes changes to the Family Court
Act to conform to the 2007 amendments made to the CPL.

Private Gun Sales

Under current New York law, background checks on purchasers are
required for all purchases of guns from gun dealers and at gun shows,
however, individuals that purchase guns through private sellers are
not required to undergo background checks. This bill requires
background checks for all gun sales, including private sales,
ensuring that otherwise disqualified individuals cannot circumvent
the law by obtaining guns buying from a private seller.

Safe Storage

To prevent unauthorized possession and use of guns, this bill requires
anyone who owns a gun or who lives with someone who the owner has
reason to know is disqualified from possessing a gun under certain
provisions of federal law to secure any gun in a safe storage
depository or render it incapable of being fired by putting a safety
lock on the gun if it is to be outside the owner's direct control.

Persons with Mental Illness

This bill adds provisions to revoke or suspend licenses of individuals
with mental illness who, in the opinion of mental health
professionals would pose a danger to themselves or others should they
possess guns. The bill also extends and expands Kendra's Law to
provide additional out-patient treatment services to persons with
mental illness.

New and Enhanced Criminal Penalties

The new and amended sections of the Penal Law are focused on the
methods by which gun violence is often carried out in our
communities, giving law enforcement better tools to punish and deter
such conduct. As the presence of illegal guns on our streets
endangers the welfare of entire communities, these provisions ensure
appropriate penalties for making guns available to prohibited
persons, as well as putting our children at risk by, among other
dangerous and illegal activities, possessing guns near school

grounds. In addition, recognizing the widespread violence caused by
gang activity, the bill establishes penalties for participation in
gang activity resulting in the commission of a violent crime.

The bill also contains new provisions acknowledging the danger that
our first
responders face every day as they protect other New Yorkers by
establishing an enhanced
penalty for knowingly causing the death of a first responder in the
course of his or her duties.

LEGISLATIVE HISTORY:

New proposal.

BUDGET IMPLICATIONS:

Any costs related to this bill will be paid out of the Division of
State Police capital budget.

EFFECTIVE DATE:

The bill will take effect immediately except where otherwise provided.

S2230-2013 Text
S T A T E O F N E W Y O R K
S. 2230 A. 2388
2013-2014 Regular Sessions
SENATE - ASSEMBLY
January 14, 2013
IN SENATE -- Introduced by Sens. KLEIN, SMITH -- (at request of the
Governor) -- read twice and ordered printed, and when printed to be
committed to the Committee on Rules
IN ASSEMBLY -- Introduced by M. of A. SILVER, LENTOL, ORTIZ, MORELLE,
FARRELL, WEINSTEIN, CAMARA, HOOPER, O'DONNELL, TITONE, PAULIN, MOYA,
GLICK, WRIGHT, SCHIMEL, GOTTFRIED, ROSENTHAL, KAVANAGH, STECK, WEPRIN
-- Multi-Sponsored by -- M. of A. ABINANTI, BOYLAND, BRENNAN,
BROOK-KRASNY, BUCHWALD, CASTRO, COLTON, DINOWITZ, ENGLEBRIGHT, ESPI
NAL, FAHY, JACOBS, JAFFEE, KELLNER, KIM, LAVINE, LIFTON, MARKEY,
MAYER, MILLMAN, MOSLEY, OTIS, ROSA, ROZIC -- (at request of the Gover
nor) -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, the correction law, the
family court act, the executive law, the general business law, the
judiciary law, the mental hygiene law, the penal law and the surro
gate's court procedure act, in relation to suspension and revocation
of firearms licenses; private sale or disposal of firearms, rifles or
shotguns and establishing a minimum age to possess a firearm; to amend
the family court act, the domestic relations law and the criminal
procedure law, in relation to providing for the mandatory suspension
or revocation of the firearms license of a person against whom an
order of protection or a temporary order of protection has been issued
under certain circumstances, or upon violation of any such order; to
amend the penal law, in relation to community guns and the criminal
sale of a firearm and in relation to the definitions of aggravated and
first degree murder; to amend chapter 408 of the laws of 1999 consti
tuting Kendra's Law, in relation to extending the expiration thereof;
and to amend the education law, in relation to the New York state
school safety improvement teams; and in relation to building aid for
metal detectors and safety devices
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
BLY, DO ENACT AS FOLLOWS:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12007-03-3 S. 2230 2 A. 2388
Section 1.Section 330.20 of the criminal procedure law is amended by
adding a new subdivision 2-a to read as follows:
2-A. FIREARM, RIFLE OR SHOTGUN SURRENDER ORDER. UPON ENTRY OF A
VERDICT OF NOT RESPONSIBLE BY REASON OF MENTAL DISEASE OR DEFECT, OR
UPON THE ACCEPTANCE OF A PLEA OF NOT RESPONSIBLE BY REASON OF MENTAL
DISEASE OR DEFECT, OR UPON A FINDING THAT THE DEFENDANT IS AN INCAPACI
TATED PERSON PURSUANT TO ARTICLE SEVEN HUNDRED THIRTY OF THIS CHAPTER,
THE COURT SHALL REVOKE THE DEFENDANT'S FIREARM LICENSE, IF ANY, INQUIRE
OF THE DEFENDANT AS TO THE EXISTENCE AND LOCATION OF ANY FIREARM, RIFLE
OR SHOTGUN OWNED OR POSSESSED BY SUCH DEFENDANT AND DIRECT THE SURRENDER
OF SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO SUBPARAGRAPH (F) OF PARA
GRAPH ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF
SECTION 400.05 OF THE PENAL LAW.
S 2. The criminal procedure law is amended by adding a new section
380.96 to read as follows:
S 380.96 OBLIGATION OF SENTENCING COURT PURSUANT TO ARTICLE FOUR HUNDRED
OF THE PENAL LAW.
UPON JUDGMENT OF CONVICTION OF ANY OFFENSE WHICH WOULD REQUIRE THE
SEIZURE OF FIREARMS, SHOTGUNS OR RIFLES FROM AN INDIVIDUAL SO CONVICTED,
AND THE REVOCATION OF ANY LICENSE OR REGISTRATION ISSUED PURSUANT TO
ARTICLE FOUR HUNDRED OF THE PENAL LAW, THE JUDGE PRONOUNCING SENTENCE
SHALL DEMAND SURRENDER OF ANY SUCH LICENSE OR REGISTRATION AND ALL
FIREARMS, SHOTGUNS AND RIFLES. THE FAILURE TO SO DEMAND SURRENDER SHALL
NOT EFFECT THE VALIDITY OF ANY REVOCATION PURSUANT TO ARTICLE FOUR
HUNDRED OF THE PENAL LAW.
S 3. Section 404 of the correction law is amended by adding a new
subdivision 3 to read as follows:
3. WITHIN A REASONABLE PERIOD PRIOR TO DISCHARGE OF AN INMATE COMMIT
TED FROM A STATE CORRECTIONAL FACILITY FROM A HOSPITAL IN THE DEPARTMENT
OF MENTAL HYGIENE TO THE COMMUNITY, THE DIRECTOR SHALL ENSURE THAT A
CLINICAL ASSESSMENT HAS BEEN COMPLETED TO DETERMINE WHETHER THE INMATE
MEETS THE CRITERIA FOR ASSISTED OUTPATIENT TREATMENT PURSUANT TO SUBDI
VISION (C) OF SECTION 9.60 OF THE MENTAL HYGIENE LAW. IF, AS A RESULT
OF SUCH ASSESSMENT, THE DIRECTOR DETERMINES THAT THE INMATE MEETS SUCH
CRITERIA, PRIOR TO DISCHARGE THE DIRECTOR OF THE HOSPITAL SHALL EITHER
PETITION FOR A COURT ORDER PURSUANT TO SECTION 9.60 OF THE MENTAL
HYGIENE LAW, OR REPORT IN WRITING TO THE DIRECTOR OF COMMUNITY SERVICES
OF THE LOCAL GOVERNMENTAL UNIT IN WHICH THE INMATE IS EXPECTED TO RESIDE
SO THAT AN INVESTIGATION MAY BE CONDUCTED PURSUANT TO SECTION 9.47 OF
THE MENTAL HYGIENE LAW.
S 4. Subdivisions 1, 2 and 3 of section 842-a of the family court act,
as added by chapter 644 of the laws of 1996, paragraph (a) of subdivi
sion 1 as amended by chapter 434 of the laws of 2000, the opening para
graph of subdivision 3 as amended by chapter 597 of the laws of 1998,
paragraph (a) of subdivision 3 as amended by chapter 635 of the laws of
1999, are amended to read as follows:
1. [Mandatory and permissive suspension] SUSPENSION of firearms
license and ineligibility for such a license upon the issuance of a
temporary order of protection. Whenever a temporary order of protection
is issued pursuant to section eight hundred twenty-eight of this
article, OR PURSUANT TO ARTICLE FOUR, FIVE, SIX, SEVEN OR TEN OF THIS
ACT:
(a) the court shall suspend any such existing license possessed by the
respondent, order the respondent ineligible for such a license, and
order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH
ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION
S. 2230 3 A. 2388
400.05 OF THE PENAL LAW, of any or all firearms owned or possessed where
the court receives information that gives the court good cause to
believe that: (i) the respondent has a prior conviction of any violent
felony offense as defined in section 70.02 of the penal law; (ii) the
respondent has previously been found to have willfully failed to obey a
prior order of protection and such willful failure involved (A) the
infliction of [serious] physical injury, as defined in subdivision [ten]
NINE of section 10.00 of the penal law, (B) the use or threatened use of
a deadly weapon or dangerous instrument as those terms are defined in
subdivisions twelve and thirteen of section 10.00 of the penal law, or
(C) behavior constituting any violent felony offense as defined in
section 70.02 of the penal law; or (iii) the respondent has a prior
conviction for stalking in the first degree as defined in section 120.60
of the penal law, stalking in the second degree as defined in section
120.55 of the penal law, stalking in the third degree as defined in
section 120.50 of the penal law or stalking in the fourth degree as
defined in section 120.45 of such law; and
(b) the court [may] SHALL where the court finds a substantial risk
that the respondent may use or threaten to use a firearm unlawfully
against the person or persons for whose protection the temporary order
of protection is issued, suspend any such existing license possessed by
the respondent, order the respondent ineligible for such a license, and
order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH
ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION
400.05 OF THE PENAL LAW, of any or all firearms owned or possessed.
2. [Mandatory and permissive revocation] REVOCATION or suspension of
firearms license and ineligibility for such a license upon the issuance
of an order of protection. Whenever an order of protection is issued
pursuant to section eight hundred forty-one of this part, OR PURSUANT TO
ARTICLE FOUR, FIVE, SIX, SEVEN OR TEN OF THIS ACT:
(a) the court shall revoke any such existing license possessed by the
respondent, order the respondent ineligible for such a license, and
order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH
ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION
400.05 OF THE PENAL LAW, of any or all firearms owned or possessed where
the court finds that the conduct which resulted in the issuance of the
order of protection involved (i) the infliction of [serious] physical
injury, as defined in subdivision [ten] NINE of section 10.00 of the
penal law, (ii) the use or threatened use of a deadly weapon or danger
ous instrument as those terms are defined in subdivisions twelve and
thirteen of section 10.00 of the penal law, or (iii) behavior constitut
ing any violent felony offense as defined in section 70.02 of the penal
law; and
(b) the court [may] SHALL, where the court finds a substantial risk
that the respondent may use or threaten to use a firearm unlawfully
against the person or persons for whose protection the order of
protection is issued, (i) revoke any such existing license possessed by
the respondent, order the respondent ineligible for such a license and
order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH
ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION
400.05 OF THE PENAL LAW, of any or all firearms owned or possessed or
(ii) suspend or continue to suspend any such existing license possessed
by the respondent, order the respondent ineligible for such a license,
and order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARA
GRAPH ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF
S. 2230 4 A. 2388
SECTION 400.05 OF THE PENAL LAW, of any or all firearms owned or
possessed.
3. [Mandatory and permissive revocation] REVOCATION or suspension of
firearms license and ineligibility for such a license upon a finding of
a willful failure to obey an order of protection OR TEMPORARY ORDER OF
PROTECTION. Whenever a respondent has been found, pursuant to section
eight hundred forty-six-a of this part to have willfully failed to obey
an order of protection OR TEMPORARY ORDER OF PROTECTION issued PURSUANT
TO THIS ACT OR THE DOMESTIC RELATIONS LAW, OR by this court or [an order
of protection issued] by a court of competent jurisdiction in another
state, territorial or tribal jurisdiction, in addition to any other
remedies available pursuant to section eight hundred forty-six-a of this
part:
(a) the court shall revoke any such existing license possessed by the
respondent, order the respondent ineligible for such a license, and
order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH
ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION
400.05 OF THE PENAL LAW, of any or all firearms owned or possessed where
the willful failure to obey such order involves (i) the infliction of
[serious] physical injury, as defined in subdivision [ten] NINE of
section 10.00 of the penal law, (ii) the use or threatened use of a
deadly weapon or dangerous instrument as those terms are defined in
subdivisions twelve and thirteen of section 10.00 of the penal law, or
(iii) behavior constituting any violent felony offense as defined in
section 70.02 of the penal law; or (iv) behavior constituting stalking
in the first degree as defined in section 120.60 of the penal law,
stalking in the second degree as defined in section 120.55 of the penal
law, stalking in the third degree as defined in section 120.50 of the
penal law or stalking in the fourth degree as defined in section 120.45
of such law; and
(b) the court [may] SHALL where the court finds a substantial risk
that the respondent may use or threaten to use a firearm unlawfully
against the person or persons for whose protection the order of
protection was issued, (i) revoke any such existing license possessed by
the respondent, order the respondent ineligible for such a license,
whether or not the respondent possesses such a license, and order the
immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF
SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION 400.05 OF
THE PENAL LAW, of any or all firearms owned or possessed or (ii) suspend
any such existing license possessed by the respondent, order the
respondent ineligible for such a license, and order the immediate
surrender of any or all firearms owned or possessed.
S 5.Section 846-a of the family court act, as amended by chapter 597
of the laws of 1998, is amended to read as follows:
S 846-a. Powers on failure to obey order. If a respondent is brought
before the court for failure to obey any lawful order issued under this
article or an order of protection OR TEMPORARY ORDER OF PROTECTION
issued PURSUANT TO THIS ACT OR ISSUED by a court of competent jurisdic
tion of another state, territorial or tribal jurisdiction [in a proceed-
ing] and if, after hearing, the court is satisfied by competent proof
that the respondent has willfully failed to obey any such order, the
court may modify an existing order OR TEMPORARY ORDER OF PROTECTION to
add reasonable conditions of behavior to the existing order [of
protection], make a new order of protection in accordance with section
eight hundred forty-two OF THIS PART, may order the forfeiture of bail
in a manner consistent with article five hundred forty of the criminal
S. 2230 5 A. 2388
procedure law if bail has been ordered pursuant to this act, may order
the respondent to pay the petitioner's reasonable and necessary counsel
fees in connection with the violation petition where the court finds
that the violation of its order was willful, and may commit the respond
ent to jail for a term not to exceed six months. Such commitment may be
served upon certain specified days or parts of days as the court may
direct, and the court may, at any time within the term of such sentence,
revoke such suspension and commit the respondent for the remainder of
the original sentence, or suspend the remainder of such sentence. If the
court determines that the willful failure to obey such order involves
violent behavior constituting the crimes of menacing, reckless endanger
ment, assault or attempted assault and if such a respondent is licensed
to carry, possess, repair and dispose of firearms pursuant to section
400.00 of the penal law, the court may also immediately revoke such
license and may arrange for the immediate surrender PURSUANT TO SUBPARA
GRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDI
VISION SIX OF SECTION 400.05 OF THE PENAL LAW, and disposal of any
firearm such respondent owns or possesses. If the willful failure to
obey such order involves the infliction of [serious] physical injury as
defined in subdivision [ten] NINE of section 10.00 of the penal law or
the use or threatened use of a deadly weapon or dangerous instrument, as
those terms are defined in subdivisions twelve and thirteen of section
10.00 of the penal law, such revocation and immediate surrender PURSUANT
TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20
AND SUBDIVISION SIX OF SECTION 400.05 OF THE PENAL LAW SIX and disposal
of any firearm owned or possessed by respondent shall be mandatory,
pursuant to subdivision eleven of section 400.00 of the penal law.
S 6. The family court act is amended by adding a new section 446-a to
read as follows:
S 446-A. FIREARMS; SURRENDER AND LICENSE SUSPENSION, REVOCATION AND
INELIGIBILITY. UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
ORDER OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT SHALL
MAKE A DETERMINATION REGARDING THE SUSPENSION AND REVOCATION OF A
LICENSE TO CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM OR FIREARMS,
INELIGIBILITY FOR SUCH A LICENSE AND THE SURRENDER OF FIREARMS IN
ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-TWO-A OF THIS ACT.
S 7. The family court act is amended by adding a new section 552 to
read as follows:
S 552. FIREARMS; SURRENDER AND LICENSE SUSPENSION, REVOCATION AND
INELIGIBILITY. UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
ORDER OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT SHALL
MAKE A DETERMINATION REGARDING THE SUSPENSION AND REVOCATION OF A
LICENSE TO CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM OR FIREARMS,
INELIGIBILITY FOR SUCH A LICENSE AND THE SURRENDER OF FIREARMS IN
ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-TWO-A OF THIS ACT.
S 8. The family court act is amended by adding a new section 656-a to
read as follows:
S 656-A. FIREARMS; SURRENDER AND LICENSE SUSPENSION, REVOCATION AND
INELIGIBILITY. UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
ORDER OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT SHALL
MAKE A DETERMINATION REGARDING THE SUSPENSION AND REVOCATION OF A
LICENSE TO CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM OR FIREARMS,
INELIGIBILITY FOR SUCH A LICENSE AND THE SURRENDER OF FIREARMS IN
ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-TWO-A OF THIS ACT.
S 9. The family court act is amended by adding a new section 780-a to
read as follows:
S. 2230 6 A. 2388
S 780-A. FIREARMS; SURRENDER AND LICENSE SUSPENSION, REVOCATION AND
INELIGIBILITY. UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
ORDER OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT SHALL
MAKE A DETERMINATION REGARDING THE SUSPENSION AND REVOCATION OF A
LICENSE TO CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM OR FIREARMS,
INELIGIBILITY FOR SUCH A LICENSE AND THE SURRENDER OF FIREARMS IN
ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-TWO-A OF THIS ACT.
S 10. The family court act is amended by adding a new section 1056-a
to read as follows:
S 1056-A. FIREARMS; SURRENDER AND LICENSE SUSPENSION, REVOCATION AND
INELIGIBILITY. UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
ORDER OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT SHALL
MAKE AN ORDER IN ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-TWO-A OF
THIS ACT.
S 11. The first undesignated and closing paragraphs of subdivision 3
of section 240 of the domestic relations law, as added by chapter 606 of
the laws of 1999, are amended to read as follows:
G. Any party moving for a temporary order of protection pursuant to
this subdivision during hours when the court is open shall be entitled
to file such motion or pleading containing such prayer for emergency
relief on the same day that such person first appears at such court, and
a hearing on the motion or portion of the pleading requesting such emer
gency relief shall be held on the same day or the next day that the
court is in session following the filing of such motion or pleading.
H. Upon issuance of an order of protection or temporary order of
protection or upon a violation of such order, the court [may] SHALL make
[an order] A DETERMINATION REGARDING THE SUSPENSION AND REVOCATION OF A
LICENSE TO CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM OR FIREARMS,
INELIGIBILITY FOR SUCH A LICENSE AND THE SURRENDER OF FIREARMS in
accordance with [section] SECTIONS eight hundred forty-two-a AND EIGHT
HUNDRED FORTY-SIX-A of the family court act [directing the surrender of
firearms, revoking or suspending a party's firearms license, and/or
directing that such party be ineligible to receive a firearms license],
AS APPLICABLE. Upon issuance of an order of protection pursuant to this
section or upon a finding of a violation thereof, the court also may
direct payment of restitution in an amount not to exceed ten thousand
dollars in accordance with subdivision (e) of section eight hundred
forty-one of such act; provided, however, that in no case shall an order
of restitution be issued where the court determines that the party
against whom the order would be issued has already compensated the
injured party or where such compensation is incorporated in a final
judgment or settlement of the action.
S 12. Subdivision 9 of section 252 of the domestic relations law, as
added by chapter 606 of the laws of 1999, is amended to read as follows:
9. Upon issuance of an order of protection or temporary order of
protection or upon a violation of such order, the court [may take an
order] SHALL MAKE A DETERMINATION REGARDING THE SUSPENSION AND REVOCA
TION OF A LICENSE TO CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM OR
FIREARMS, INELIGIBILITY FOR SUCH A LICENSE AND THE SURRENDER OF FIREARMS
in accordance with [section] SECTIONS eight hundred forty-two-a AND
EIGHT HUNDRED FORTY-SIX-A of the family court act [directing the surren-
der of firearms, revoking or suspending a party's firearms license,
and/or directing that such party be ineligible to receive a firearms
license], AS APPLICABLE. Upon issuance of an order of protection pursu
ant to this section or upon a finding of a violation thereof, the court
also may direct payment of restitution in an amount not to exceed ten
S. 2230 7 A. 2388
thousand dollars in accordance with subdivision (e) of section eight
hundred forty-one of such act; provided, however, that in no case shall
an order of restitution be issued where the court determines that the
party against whom the order would be issued has already compensated the
injured party or where such compensation is incorporated in a final
[judgement] JUDGMENT or settlement of the action.
S 13. The opening paragraph and paragraph (b) of subdivision 1 of
section 530.14 of the criminal procedure law, as added by chapter 644 of
the laws of 1996, are amended to read as follows:
[Mandatory and permissive suspension] SUSPENSION of firearms license
and ineligibility for such a license upon issuance of temporary order of
protection. Whenever a temporary order of protection is issued pursuant
to subdivision one of section 530.12 or subdivision one of section
530.13 of this article:
(b) the court [may] SHALL where the court finds a substantial risk
that the defendant may use or threaten to use a firearm unlawfully
against the person or persons for whose protection the temporary order
of protection is issued, suspend any such existing license possessed by
the defendant, order the defendant ineligible for such a license and
order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH
ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION
400.05 OF THE PENAL LAW, of any or all firearms owned or possessed.
S 14. The opening paragraph and paragraph (b) of subdivision 2 of
section 530.14 of the criminal procedure law, as added by chapter 644 of
the laws of 1996, are amended to read as follows:
[Mandatory and permissive revocation] REVOCATION or suspension of
firearms license and ineligibility for such a license upon issuance of
an order of protection. Whenever an order of protection is issued pursu
ant to subdivision five of section 530.12 or subdivision four of section
530.13 of this article:
(b) the court [may] SHALL where the court finds a substantial risk
that the defendant may use or threaten to use a firearm unlawfully
against the person or persons for whose protection the order of
protection is issued, (i) revoke any such existing license possessed by
the defendant, order the defendant ineligible for such a license and
order the immediate surrender of any or all firearms owned or possessed
or (ii) suspend or continue to suspend any such existing license
possessed by the defendant, order the defendant ineligible for such a
license and order the immediate surrender PURSUANT TO SUBPARAGRAPH (F)
OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX
OF SECTION 400.05 OF THE PENAL LAW, of any or all firearms owned or
possessed.
S 15. The opening paragraph and paragraph (b) of subdivision 3 of
section 530.14 of the criminal procedure law, the opening paragraph as
amended by chapter 597 of the laws of 1998 and paragraph (b) as added by
chapter 644 of the laws of 1996, are amended to read as follows:
[Mandatory and permissive revocation] REVOCATION or suspension of
firearms license and ineligibility for such a license upon a finding of
a willful failure to obey an order of protection. Whenever a defendant
has been found pursuant to subdivision eleven of section 530.12 or
subdivision eight of section 530.13 of this article to have willfully
failed to obey an order of protection issued by a court of competent
jurisdiction in this state or another state, territorial or tribal
jurisdiction, in addition to any other remedies available pursuant to
subdivision eleven of section 530.12 or subdivision eight of section
530.13 of this article:
S. 2230 8 A. 2388
(b) the court [may] SHALL where the court finds a substantial risk
that the defendant may use or threaten to use a firearm unlawfully
against the person or persons for whose protection the order of
protection was issued, (i) revoke any such existing license possessed by
the defendant, order the defendant ineligible for such a license and
order the immediate surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH
ONE OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION
400.05 OF THE PENAL LAW, of any or all firearms owned or possessed or
(ii) suspend any such existing license possessed by the defendant, order
the defendant ineligible for such a license and order the immediate
surrender PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A
OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION 400.05 OF THE PENAL
LAW, of any or all firearms owned or possessed.
S 16. Section 837 of the executive law is amended by adding a new
subdivision 19 to read as follows:
19. RECEIVE NAMES AND OTHER NON-CLINICAL IDENTIFYING INFORMATION
PURSUANT TO SECTION 9.46 OF THE MENTAL HYGIENE LAW; PROVIDED, HOWEVER,
ANY SUCH INFORMATION SHALL BE DESTROYED FIVE YEARS AFTER SUCH RECEIPT,
OR PURSUANT TO A PROCEEDING BROUGHT UNDER ARTICLE SEVENTY-EIGHT OF THE
CIVIL PRACTICE LAW AND RULES DETERMINING THAT AN INDIVIDUAL IS ELIGIBLE
FOR A LICENSE PURSUANT TO SECTION 400.00 OF THE PENAL LAW AND OTHERWISE
PERMITTED TO POSSESS A FIREARM.
S 17. The general business law is amended by adding a new article
39-DDD to read as follows:
ARTICLE 39-DDD
PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS
SECTION 898. PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS.
S 898. PRIVATE SALE OR DISPOSAL OF FIREARMS, RIFLES AND SHOTGUNS. 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, LICENSED MANUFACTURER
OR LICENSED DEALER, AS THOSE TERMS ARE DEFINED IN 18 USCS 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. FOR PURPOSES OF THIS SECTION, "IMMEDIATE
FAMILY" SHALL MEAN SPOUSES, DOMESTIC PARTNERS, CHILDREN AND STEP-CHIL
DREN.
2. BEFORE ANY SALE, EXCHANGE OR DISPOSAL PURSUANT TO THIS ARTICLE, A
NATIONAL INSTANT CRIMINAL BACKGROUND CHECK MUST BE COMPLETED BY A DEALER
WHO CONSENTS TO CONDUCT SUCH CHECK, AND UPON COMPLETION OF SUCH BACK
GROUND CHECK, SHALL COMPLETE A DOCUMENT, THE FORM OF WHICH SHALL BE
APPROVED BY THE SUPERINTENDENT OF STATE POLICE, THAT IDENTIFIES AND
CONFIRMS THAT SUCH CHECK WAS PERFORMED.
3. ALL DEALERS SHALL MAINTAIN A RECORD OF SUCH TRANSACTIONS CONDUCTED
PURSUANT TO THIS SECTION AND SUCH RECORD SHALL BE MAINTAINED ON THE
PREMISES MENTIONED AND DESCRIBED IN THE LICENSE AND SHALL BE OPEN AT ALL
REASONABLE HOURS FOR INSPECTION BY ANY PEACE OFFICER, ACTING PURSUANT TO
HIS OR HER SPECIAL DUTIES, OR POLICE OFFICER.
4. A DEALER MAY REQUIRE THAT ANY SALE OR TRANSFER CONDUCTED PURSUANT
TO THIS SECTION BE SUBJECT TO A FEE OF NOT TO EXCEED TEN DOLLARS PER
TRANSACTION.
5. ANY RECORD PRODUCED PURSUANT TO THIS SECTION AND ANY TRANSMISSION
THEREOF TO ANY GOVERNMENT AGENCY SHALL NOT BE CONSIDERED A PUBLIC RECORD
FOR PURPOSES OF ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
S. 2230 9 A. 2388
6. ANY PERSON WHO KNOWINGLY VIOLATES THE PROVISIONS OF THIS ARTICLE
SHALL BE GUILTY OF A CLASS A MISDEMEANOR PUNISHABLE AS PROVIDED FOR IN
THE PENAL LAW.
S 18. Paragraph (q) of subdivision 2 of section 212 of the judiciary
law, as added by chapter 491 of the laws of 2008, is amended to read as
follows:
(q) Adopt rules to require transmission, to the criminal justice
information services division of the federal bureau of investigation or
to the division of criminal justice services, of the name and other
identifying information of each person who has a guardian appointed for
him or her pursuant to any provision of state law, based on a determi
nation that as a result of marked subnormal intelligence, mental
illness, incapacity, condition or disease, he or she lacks the mental
capacity to contract or manage his or her own affairs. ANY SUCH RECORDS
TRANSMITTED DIRECTLY TO THE FEDERAL BUREAU OF INVESTIGATION MUST ALSO BE
TRANSMITTED TO THE DIVISION OF CRIMINAL JUSTICE SERVICES, AND ANY
RECORDS RECEIVED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT
TO THIS PARAGRAPH MAY BE CHECKED AGAINST THE STATEWIDE LICENSE AND
RECORD DATABASE.
S 19. Subdivision (j) of section 7.09 of the mental hygiene law, as
added by chapter 491 of the laws of 2008, is amended to read as follows:
(j) (1) The commissioner, in cooperation with other applicable state
agencies, shall [be authorized to] collect, retain or modify data or
records, [or to] AND SHALL transmit such data or records: (I) to the
division of criminal justice services, or to the criminal justice infor
mation services division of the federal bureau of investigation, for the
purposes of responding to queries to the national instant criminal back
ground check system regarding attempts to purchase or otherwise take
possession of firearms, as defined in 18 USC 921(a)(3), in accordance
with applicable federal laws or regulations, OR (II) TO THE DIVISION OF
CRIMINAL JUSTICE SERVICES, WHICH MAY RE-DISCLOSE SUCH DATA AND RECORDS
ONLY FOR DETERMINING WHETHER A LICENSE ISSUED PURSUANT TO SECTION 400.00
OF THE PENAL LAW SHOULD BE DENIED, SUSPENDED OR REVOKED, UNDER SUBDIVI
SION ELEVEN OF SUCH SECTION, OR FOR DETERMINING WHETHER A PERSON IS NO
LONGER PERMITTED UNDER FEDERAL OR STATE LAW TO POSSESS A FIREARM. Such
records, WHICH MAY NOT BE USED FOR ANY OTHER PURPOSE, shall include only
names and other non-clinical identifying information of persons who have
been involuntarily committed to a hospital pursuant to article nine of
this chapter, OR SECTION FOUR HUNDRED TWO OR SUBDIVISION TWO OF SECTION
FIVE HUNDRED EIGHT OF THE CORRECTION LAW, or article seven hundred thir
ty or section 330.20 of the criminal procedure law or sections 322.2 or
353.4 of the family court act, or to a secure treatment facility pursu
ant to article ten of this chapter.
(2) The commissioner shall establish within the office of mental
health an administrative process to permit a person who has been or may
be disqualified from possessing such a firearm pursuant to 18 USC
922(4)(d) OR WHO HAS BEEN OR MAY BE DISQUALIFIED FROM CONTINUING TO HAVE
A LICENSE TO CARRY, POSSESS, REPAIR, OR DISPOSE OF A FIREARM UNDER
SECTION 400.00 OF THE PENAL LAW BECAUSE SUCH PERSON WAS INVOLUNTARILY
COMMITTED OR CIVILLY CONFINED TO A FACILITY UNDER THE JURISDICTION OF
THE COMMISSIONER, to petition for relief from that disability where such
person's record and reputation are such that such person will not be
likely to act in a manner dangerous to public safety and where the
granting of the relief would not be contrary to public safety. The
commissioner shall promulgate regulations to establish the relief from
disabilities program, which shall include, but not be limited to,
S. 2230 10 A. 2388
provisions providing for: (i) an opportunity for a disqualified person
to petition for relief in writing; (ii) the authority for the agency to
require that the petitioner undergo a clinical evaluation and risk
assessment; and (iii) a requirement that the agency issue a decision in
writing explaining the reasons for a denial or grant of relief. The
denial of a petition for relief from disabilities may be reviewed de
novo pursuant to the proceedings under article seventy-eight of the
civil practice law and rules.
S 20. The mental hygiene law is amended by adding a new section 9.46
to read as follows:
S 9.46 REPORTS OF SUBSTANTIAL RISK OR THREAT OF HARM BY MENTAL HEALTH
PROFESSIONALS.
(A) FOR PURPOSES OF THIS SECTION, THE TERM "MENTAL HEALTH PROFES
SIONAL" SHALL INCLUDE A PHYSICIAN, PSYCHOLOGIST, REGISTERED NURSE OR
LICENSED CLINICAL SOCIAL WORKER.
(B) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, WHEN A MENTAL
HEALTH PROFESSIONAL CURRENTLY PROVIDING TREATMENT SERVICES TO A PERSON
DETERMINES, IN THE EXERCISE OF REASONABLE PROFESSIONAL JUDGMENT, THAT
SUCH PERSON IS LIKELY TO ENGAGE IN CONDUCT THAT WOULD RESULT IN SERIOUS
HARM TO SELF OR OTHERS, HE OR SHE SHALL BE REQUIRED TO REPORT, AS SOON
AS PRACTICABLE, TO THE DIRECTOR OF COMMUNITY SERVICES, OR THE DIRECTOR'S
DESIGNEE, WHO SHALL REPORT TO THE DIVISION OF CRIMINAL JUSTICE SERVICES
WHENEVER HE OR SHE AGREES THAT THE PERSON IS LIKELY TO ENGAGE IN SUCH
CONDUCT. INFORMATION TRANSMITTED TO THE DIVISION OF CRIMINAL JUSTICE
SERVICES SHALL BE LIMITED TO NAMES AND OTHER NON-CLINICAL IDENTIFYING
INFORMATION, WHICH MAY ONLY BE USED FOR DETERMINING WHETHER A LICENSE
ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL LAW SHOULD BE SUSPENDED
OR REVOKED, OR FOR DETERMINING WHETHER A PERSON IS INELIGIBLE FOR A
LICENSE ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL LAW, OR IS NO
LONGER PERMITTED UNDER STATE OR FEDERAL LAW TO POSSESS A FIREARM.
(C) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE A MENTAL
HEALTH PROFESSIONAL TO TAKE ANY ACTION WHICH, IN THE EXERCISE OF REASON
ABLE PROFESSIONAL JUDGMENT, WOULD ENDANGER SUCH MENTAL HEALTH PROFES
SIONAL OR INCREASE THE DANGER TO A POTENTIAL VICTIM OR VICTIMS.
(D) THE DECISION OF A MENTAL HEALTH PROFESSIONAL TO DISCLOSE OR NOT TO
DISCLOSE IN ACCORDANCE WITH THIS SECTION, WHEN MADE REASONABLY AND IN
GOOD FAITH, SHALL NOT BE THE BASIS FOR ANY CIVIL OR CRIMINAL LIABILITY
OF SUCH MENTAL HEALTH PROFESSIONAL.
S 21. Paragraph 5 of subdivision (b) of section 9.47 of the mental
hygiene law is renumbered paragraph 7 and two new paragraphs 5 and 6 are
added to read as follows:
(5) ENSURING EVALUATION OF THE NEED FOR ONGOING ASSISTED OUTPATIENT
TREATMENT PURSUANT TO SUBDIVISION (K) OF SECTION 9.60 OF THIS ARTICLE
PRIOR TO THE EXPIRATION OF ANY ASSISTED OUTPATIENT TREATMENT ORDER;
(6) IF HE OR SHE HAS BEEN ORDERED TO PROVIDE FOR OR ARRANGE FOR
ASSISTED OUTPATIENT TREATMENT PURSUANT TO PARAGRAPH FIVE OF SUBDIVISION
(J) OF SECTION 9.60 OF THIS ARTICLE OR BECAME THE APPROPRIATE DIRECTOR
PURSUANT TO THIS PARAGRAPH OR SUBDIVISION (C) OF SECTION 9.48 OF THIS
ARTICLE, NOTIFYING THE DIRECTOR OF COMMUNITY SERVICES OF THE NEW COUNTY