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Who cares
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Sponsors
3 Co-sponsors
History
- Recommit, enacting clause stricken
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Provides for the temporary surrender of firearms where an individual may be a danger to himself or herself or others
In Assembly Committee · Codes · Sponsor Kevin Cahill
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to the temporary 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 "cooling 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 agency 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 jurisdiction 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 obvious reason, but equally important, would be the risk of a lawsuit for the illegal seizure of the weapon. This measure would allow law enforcement agencies to withhold the firearm for a period of thirty days or whenever a psychiatric evaluation has determined the individual no longer remains a threat upon release from custody.
Prior legislative history
S.7476 of 2008
04/07/08 Referred to Codes
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.