What's happening
This bill requires a hearing before suspending or revoking a firearms license for mental health reasons and updates related procedures.
Why it matters
Guarantees due process. By requiring a hearing before a firearms license can be suspended or revoked for mental health reasons, the bill ensures individuals have an opportunity to contest the action and present their case, rather than losing their license automatically.
Raises the bar for revocation. Licenses can only be suspended or revoked if, after the hearing, the licensing officer determines the individual is a danger to themselves or others—adding a clear standard that must be met.
Updates seizure procedures. The bill removes the provision declaring unsurrendered firearms a "nuisance," focusing instead on lawful removal by police, which may impact how property rights are treated and the process for reclaiming firearms if the license is restored.
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Who cares
Headline styles
Suspend Guns for Dangerous Owners
Plain English, a few words. Used as the page title.
Sponsors
History
- Held for consideration in codes
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
897
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
Introduced by M. of A. CROUCH -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to revocation and suspension of licenses to carry, possess, repair and dispose of firearms
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraphs (b) and (c) of subdivision 11 of section 400.00 of the penal law, as added by chapter 1 of the laws of 2013, are amended to read as follows:
(b) Whenever the director of community services or his or her designee makes a report pursuant to section 9.46 of the mental hygiene law, the division of criminal justice services shall convey such information, whenever it determines that the person named in the report possesses a license issued pursuant to this section, to the appropriate licensing [official] officer, who shall conduct a hearing on the issue and if such official determines that such person is a danger to himself or to others, such licensing officer shall issue an order suspending or revoking such license.
(c) In any instance in which a person's license is suspended or revoked under paragraph (a) or (b) of this subdivision, such person shall surrender such license to the appropriate licensing [official] officer and any and all firearms, rifles, or shotguns owned or possessed by such person shall be surrendered to an appropriate law enforcement agency as provided in subparagraph (f) of paragraph one of subdivision a of section 265.20 of this chapter. In the event such license, firearm, shotgun, or rifle is not surrendered, such items shall be removed [and declared a nuisance] and any police officer or peace officer acting pursuant to his or her special duties is authorized to remove any and all such weapons.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04512-01-7
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.