Authorizes a court to revoke the firearms license and seize the weapons of certain individuals

Summary of provisions

Section 1. Amends the penal law to clarify that a person surrendering or otherwise voluntarily delivering a weapon pursuant to law will not be subject to prosecution for illegal possession of a weapon.

Section 2. Amends the penal law to provide that any weapon surrendered as required by a court or otherwise voluntarily delivered shall be redelivered within a year to a lawful licensee or be destroyed.

Section 3. Amends the criminal procedure law to provide that a court shall, upon entry of a verdict or acceptance of a plea that a defendant is not responsible by reason of mental disease or defect, revoke the defendant's firearm license, if any, inquire about the existence and location of a firearm, rifle or shotgun and order the surrender of such firearm, rifle or shotgun.

Section 4. Amends the criminal procedure law to provide that a court shall, upon a finding that a defendant is an incapacitated person, revoke the defendant's firearm license, if any, inquire about the existence and location of a firearm, rifle or shotgun and order the surrender of such firearm, rifle or shotgun.

Section 5. Amends the mental hygiene law to provide that a court shall, upon issuing an order that a person is in need of involuntary care and treatment, revoke that person's firearm license, if any, inquire about the existence and location of a firearm, rifle or shotgun and order the surrender of such firearm, rifle or shotgun.

Section 6. Amends the mental hygiene law to provide that a court shall, upon issuing an order that a person is in need of assisted outpatient treatment, revoke that person's firearm license, if any, inquire about the existence and location of a firearm, rifle or shotgun and order the surrender of such firearm, rifle or shotgun.

Section 7. Amends the mental hygiene law to provide that a court shall, upon issuing an order that a person is in need of involuntary care and treatment, revoke that person's firearm license, if any, inquire about the existence and location of a firearm, rifle or shotgun and order the surrender of such firearm, rifle or shotgun.

Section 8. Amends the mental hygiene law to provide that the effect of a court order authorizing the involuntary care and treatment of a

person shall render such person ineligible for a firearm license under state law and ineligible to purchase a firearm, defined as a pistol, revolver, rifle or shotgun, under federal law.

Section 9. Severability clause.

Section 10. Effective date.

Justification

The law currently does not expressly empower courts to remove firearms and revoke firearm licenses of individuals who have been adjudicated as incapacitated or ordered to treatment or commitment to a mental facility. The bill would provide that anyone subject to such orders shall have an existing firearm license revoked and be ordered to surrender all firearms, rifles or shotguns in his or her possession. This would enable courts to further protect the public by giving them the express authority they need to take weapons out of the hands of individuals who, as a matter of law, have no right to possess them.

Legislative history

2011-12: S.670 2010: S.5466 (Schneiderman)

Fiscal implications

None.

Effective date

This act shall take effect on the ninetieth day after it shall have become a law, with provisions.