Relates to firearms and to the evaluation and reporting of persons who present a serious and imminent threat to the health and safety of self or others; repealer

Section 2 amends Penal Law Section 265.02(8) Criminal Possession of a Weapon in the Third Degree to exclude reference to ten round magazines.

Section 3 amends Penal Law Section 265.00(23) Definition Section - amends "Large Capacity Ammunition Feeding Device" to exclude ten round magazines with more than seven rounds and to only apply to a magazine that has a capacity for more than ten rounds.

Section 4 amends Penal Law Section 265.00 to repeal the definition of "seller of ammunition" and to provide a definition for "Qualified retired New York or federal law enforcement officer" which includes retired police officers, peace officers and federal law enforcement officers.

Section 5 amends Penal Law Section 265.20 - Exemptions Section - to provide and exemption to Criminal Possession of a Weapon in the Third Degree (Penal Law 265.02) and Unlawful Possession of a Large Capacity Ammunition Feeding Device (Penal Law 265.36) for qualified retired New York or federal law enforcement officers to continue to own magazines with capacities for more than ten rounds so long as they were qualified on the weapons that accept such magazines. Allows previously retired officers a year to qualify.

Section 6 amends Penal Law Section 400.00(16-a) - Assault Weapon Registration - to allow qualified retired New York or federal law enforcement officers to continue to possess service assault weapons so long as they register them within 60 days of retirement.

Section 7 amends Penal Law Section 265.20 - Exemptions Section - to provide an exemption for possession of a magazine with a capacity for more than ten rounds for private investigators, bail enforcement agent, watchmen, guards, private patrolmen, security guards and armored car guards, if duly licensed to possess a pistol or revolver and authorized by his or her employer to access to a firearm when performing his or her duties.

Section 8 amends Penal Law Section 265.36 - Unlawful Possession of a Large Capacity Ammunition Feeding Device to allow private investigators, bail enforcement agent, watchmen, guards, private patrolmen, security guards and armored car guards to have more than

ten rounds in their high capacity magazines, if duly licensed to possess a pistol or revolver and authorized by his or her employer to access to a firearm when performing his or her duties, while performing those duties.

Sections 9 and 10 amend Penal Law Section 265.20 - Exemptions Section - to make conforming changes.

Section 11 repeals Penal Law Section 400.03 - Sellers of Ammunition -removing all provisions requiring registration and background checks on ammunition sales.

Section 12 amends General Business Law Section 898 to expand the definition of "immediate family" to include siblings, grandparents, and grandchildren for the purpose of exempting such from background checks for private transfers of firearms.

Section 13 amends Penal Law 400.00(5) to state that pistol permit applications and the supporting records are not public records and are not subject to FOIL. Removes all the Opt-out provisions.

Section 14 amends Surrogates Court Procedure Act Section 2509 to keep firearm inventories separate from estate assets, to be filed and maintained under seal, and not subject to FOIL.

Section 15 amends Penal Law 470.00(5) to include the crime of Aggravated Enterprise Corruption (Penal Law 460.22) as a specified offense - new NYSAFE crime, to conform with previously existing crime of Enterprise Corruption.

Sections 16, 17, 18 and 19 amend Executive Law Section 837(19), Mental Hygiene Law Sections 9.46 and 33.13, and Penal Law 400.00(11)(b) to require health practitioners report directly to DCJS instead of local Directors of Community Services; to conforms standards for when to report with HIPAA requirements, and requires DCJS in consultation with Office of Mental Health and the State Education Department regulations to ensure reported individuals are properly identified; and to establish an administrative appeal process to ensure those who have had their licenses suspended or revoked for mental health concerns, receive due process.

Section 20 amends Mental Hygiene Law Section 9.46(e) to allow concurrent court authority when an assisted outpatient moves.

Section 21 amends Public Health Law Section 18 to allow direct reporting to DCJS by practitioners who are not employed by the State regarding a patient who poses an imminent threat.

Section 22 is the effective date.

Justification

This legislation addresses concerns raised since enactment of the NY SAFE Act. In response to a tremendous amount of public input, this bill makes improvements to the law, making it more fair and effective, in order to enhance public safety and protect the rights of honest, law-abiding gun owners.

Legislative history

New bill

Fiscal implications

Significant savings to the state for repealing ammunition sale provisions.

Effective date

Immediately, provided that certain amendments to Penal Law 265.00 do not affect the suspension of the effective date on the prohibition of ten round magazines, that amendments to the mental health reporting requirements will take effect at the same time as the original language, and that amendments to Kendra's Law will expire with the original language.