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Full text
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Sponsor's memo
BILL NUMBER:S5716
Title of bill
An act to amend the penal law, in relation to authorizing the transfer of certain weapons from an estate to an immediate member of the decedent's family; to amend the penal law, in relation to the filing of approved applications for licenses to carry, possess, repair and dispose of firearms; to amend the mental hygiene law, in relation to reports of substantial risk or threat of harm by mental health professionals; to amend the penal law, in relation to licenses to carry, possess, repair and dispose of firearms; to repeal section 265.37 and paragraph 7-f of subdivision a of section 265.20 of the penal law, relating to unlawful possession of certain ammunition feeding devices and the exemption of certain ammunition feeding devices at firing ranges; and to repeal section 400.03 of the penal law relating to sellers of ammunition
Purpose
The purpose of this bill is to amend the SAFE Act through a series of reforms, providing relief for law abiding citizens against its most onerous provisions.
Read the full memo (627 words)
Summary of provisions
Section 1 repeals section 265.37 of the penal law.
Section 2 repeals paragraph 7-f of subdivision a of section 265.20 of the penal law.
Section 3 repeals section 400.03 of the penal law.
Section 4 & 5 amend the penal law allow a person to pass his or her guns and high capacity ammunition feeding devices to an immediate family member upon death.
Section 6 amends the penal law to state that pistol permit applications and the supporting records are not public records and are not subject to FOIL, but certain statistical data is still available for release.
Sections 7, 8 & 9 amend portions of the Mental Hygiene Law Sections, as added by chapter 1 of the laws of 2013, to require that: (1) reported individuals are properly identified; and (2) a reported person is properly notified in writing when a report is sent to the Division of Criminal Justice Services. The notice must inform such person of his or her right to submit a petition for relief of disability to the NICS Appeals Office.
Section 10 amends section 400.00 of the Penal Law to replace references to the authority of the superintendent of NYSP with authority of DCJS; amends subparagraph b of paragraph 10 to provide the recertification form required to be filed, to provide clarification that the form is directly filed with the licensing officer for comparison with existing permit information who shall provide the permit holder with instruction for application for any necessary amendment, and that the licensing officer will then file such form with DCJS; and amends paragraph 16-b to provide that any
cost incurred by the licensing officer as part of the recertification process shall be borne by the state.
Section 11 amends section 400.02 of the Penal Law to replace the NYSP with DCJS as the division responsible for the maintenance of the statewide license and record database.
Section 12 contains the effective date.
Justification
This bill contains a series of proposed reforms to the SAFE Act. As we continue to evaluate the impact of the Safe Act upon our State's lawful gun owners, the provisions most onerous to law abiding citizens need to be addressed immediately. This series of proposals is a step in the right direction towards protecting our Second Amendment rights while ensuring public safety.
Legislative history
New Bill.
Fiscal implications
None.
Effective date
This act shall take effect immediately; provided that: the provisions of section six of this act shall take effect the first of November next succeeding the date on which it shall have become a law; and sections seven, eight, and nine of this act shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.