Provides for the temporary surrender of firearms where an individual may be a danger to himself or herself or others

1 Co-sponsor

• Felix Ortiz

8 Multi-sponsors

• Michael Benjamin
• William Colton
• Susan John
• Vito Lopez
• Audrey Pheffer
• William Scarborough
• Darryl Towns
• Keith L.T. Wright

BILL NUMBER:A486

Title of bill

An act to amend the penal law, in relation to the tempo- rary surrender of firearms for public safety purposes

Purpose or general idea of bill

This measure would authorize law enforcement agencies to temporarily withhold an individual's fireanl1 upon release from custody for a "cool- ing off period" of thirty days or after a psychiatric examiner has detemlined whether the individual is a threat to himself, herself or others.

Summary of specific provisions

Section 400.05 of the Penal Law is amended by adding a new Subdivision 7 (a) defining the purpose of surrendering the firearm. Subdivision 7 (b) explains the cooling off period and authorizes the law enforcement agen- cy to withhold the weapon. Furthermore, this subdivision provides for a specific provision defining the time the firearm must remain in police custody as well as a provision that authorizes a judge of a local juris- diction to order the return of such firearm if determined appropriate.

Justification

Law enforcement officials often seize weapons from individuals who are mentally unstable and have threatened to kill themselves. These weapons are secured for safekeeping during the time when a psychiatric physician is evaluating the individual. However, upon release, the individual may request his or her weapon back. Currently, there is no statute that allows the law enforcement agency to continue holding the weapon if the individual poses a threat, thus mandating the firearm be returned upon request. The obvious fear is that the weapon is being placed back in the hands of someone who may harm themselves or others. Another not so obvi- ous reason, but equally important, would be the risk of a lawsuit for the illegal seizure of the weapon. This measure would allow law enforce- ment agencies to withhold the firearm for a period of thirty days or whenever a psychiatric evaluation has determined the individual no long- er remains a threat upon release from custody.

Prior legislative history

2007-2008 A243 Referred to Codes 2005-2006 A3235 Referred to Codes 2003-2004 A9618 Referred to Codes

Fiscal implications

None.

Effective date

This act shall take effect immediately.