What's happening
This bill requires individuals taken into custody for mental health examinations to temporarily surrender their firearms to police, with a 30-day "cooling off period" after psychiatric discharge.
Why it matters
Aims to reduce immediate risks of harm. by ensuring that individuals taken into custody for potential mental health crises are temporarily separated from their firearms during periods of acute distress, which could help prevent impulsive acts of violence or self-harm.
Creates a defined 30-day post-discharge window. ("cooling off period") where firearms remain in police custody, providing time for mental health stabilization and further assessment before weapons are returned.
Allows for judicial discretion in firearm return. , meaning a judge can authorize the early return of firearms if deemed appropriate, balancing public safety with individual rights and case-by-case circumstances.
Connects mental health and public safety systems. , signaling a more integrated approach to risk assessment where law enforcement, mental health professionals, and the courts work together to address potential threats related to firearm access.
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Who cares
Headline styles
Take Guns from At-Risk Individuals
Plain English, a few words. Used as the page title.
Sponsors
2 Multi-sponsors
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
145
2017-2018 Regular Sessions
IN ASSEMBLY (Prefiled)
January 4, 2017
Introduced by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. COLTON, ORTIZ -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to the temporary surrender of firearms for public safety purposes
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 400.05 of the penal law is amended by adding a new subdivision 7 to read as follows:
7. (a) Any person who is taken into custody by the police for the purpose of a mental examination, and prior to an examination ordered pursuant to article seven hundred thirty of the criminal procedure law, shall be required to surrender his or her firearms as defined in subdivision three of section 265.00 of this chapter, to the police.
(b) There shall be a "cooling off period" following the discharge from psychiatric care during which time firearms, which came into police custody during the person's pre-hospitalization intervention or during hospitalization, may be kept in police custody for thirty days, or after a psychiatric examiner has determined whether the person is a threat to himself or herself or others. However, a judge of the local jurisdiction may order an early return of the firearms if he or she determines that it would be appropriate to do so.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01629-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.