What's happening
This bill requires individuals to undergo and be approved through a mental health evaluation before purchasing any firearm, rifle, or shotgun in New York.
Why it matters
Adds a new mandatory mental health evaluation for all prospective firearm, rifle, or shotgun purchasers. , requiring official approval before any sale, transfer, or disposal can occur—this introduces a significant new barrier beyond existing background checks.
Mandates the Office of Mental Health to create and oversee the evaluation process. , including defining which professionals can perform evaluations, establishing procedures, and standardizing approval/denial forms—this centralizes oversight and creates a uniform process statewide.
Makes it a criminal offense to purchase or transfer a firearm without proof of passing the required mental health evaluation. , heightening legal risks for both buyers and sellers and potentially deterring illegal or unauthorized transfers.
Removes exemptions for sales between immediate family members and licensed dealers. , meaning the mental health evaluation requirement applies universally to nearly all transactions, closing common loopholes and expanding the law’s reach.
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Who cares
Headline styles
Require Mental Health Checks
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to consumer protection
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Mental Health Checks for Guns
In Assembly Committee · Codes · Sponsor Thomas Abinanti
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7065
IN SENATE (Prefiled)
January 8, 2020
Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, the mental hygiene law and the penal law, in relation to requiring a mental health evaluation prior to the purchase of any firearm, rifle or shotgun
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 897 of the general business law is amended by adding a new subdivision 1-a to read as follows:
1-a. Before any sale, exchange, or disposal pursuant to this article, a purchaser of any firearm, rifle or shotgun shall submit to a mental health evaluation and provide the seller with proof of his or her approval to purchase such firearm, rifle or shotgun pursuant to subdivision (m) of section 7.09 of the mental hygiene law.
§ 2. Subdivision 1 of section 898 of the general business law, as amended by chapter 129 of the laws of 2019, is amended and a new subdivision 2-a is added to read as follows:
1. In addition to any other requirements pursuant to state and federal law, all sales, exchanges or disposals of firearms, rifles or shotguns shall be conducted in accordance with this section unless such sale, exchange or disposal is conducted by a licensed importer[,] or licensed manufacturer [or licensed dealer], as those terms are defined in 18 USC § 922, when such sale, exchange or disposal is conducted pursuant to that person's federal firearms license [or such sale, exchange or disposal is between members of an immediate family]. When a sale, exchange or disposal is conducted pursuant to a person's federal firearms license, before delivering a firearm, rifle or shotgun to any person, either (a) the National Instant Criminal Background Check System (NICS) or its successor has issued a "proceed" response to the federal firearms licensee, or (b) thirty calendar days shall have elapsed since the date the federal firearms licensee contacted NICS to initiate a national instant criminal background check and NICS has not notified the federal firearms licensee that the transfer of the firearm, rifle or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05237-03-9
S. 7065 2
shotgun to such person should be denied. [For purposes of this section, "immediate family" shall mean spouses, domestic partners, children and step-children.]
2-a. Before any sale, exchange, or disposal pursuant to this article, a purchaser of any firearm, rifle or shotgun shall submit to a mental health evaluation and provide the seller with proof of his or her approval to purchase such firearm, rifle or shotgun pursuant to subdivision (m) of section 7.09 of the mental hygiene law.
§ 3. Section 7.09 of the mental hygiene law is amended by adding a new subdivision (m) to read as follows:
(m) The commissioner shall establish within the office of mental health an administrative process for the mental health evaluation of any individual prior to such individual's purchase of any firearm, rifle or shotgun. The commissioner shall promulgate regulations to establish the mental health evaluation process, which shall include, but not be limited to, provisions relating to: (1) the mental health professionals approved to perform such evaluation, (2) the process for evaluation by such mental health professionals and (3) the development of a standardized form to be used by the mental health professional performing such evaluation to approve or deny an individual for purchase of a firearm, rifle or shotgun. The denial of an individual for purchase of any firearm, rifle or shotgun may be reviewed de novo pursuant to the proceedings under article seventy-eight of the civil practice law and rules.
§ 4. Subdivision 3 of section 265.17 of the penal law, as added by chapter 1 of the laws of 2013, is amended and a new subdivision 4 is added to read as follows:
3. Knowing that another person is prohibited by law from possessing a firearm, rifle or shotgun because of a prior conviction or because of some other disability which would render him or her ineligible to lawfully possess a firearm, rifle or shotgun in this state, a person disposes of a firearm, rifle or shotgun to such other person[.]; or
4. Knowing that a mental health evaluation is required pursuant to subdivision (m) of section 7.09 of the mental hygiene law, he or she either purchases or disposes of a firearm, rifle or shotgun without such mental health evaluation approval for purchase.
§ 5. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general business law, the mental hygiene law and the penal law, in relation to requiring a mental health evaluation prior to the purchase of any firearm, rifle or shotgun
Purpose or general idea of bill
This bill will require a mental health evaluation before an individual may purchase any firearm, rifle or shotgun.
Summary of provisions
Section 1 of the bill amends general business law section 897 by adding a new subdivision I-a and section 2 of the bill amends section 898 of the general business law by amending subdivision 1 and by adding a new subdivision 2-a to require that before any sale, exchange, or disposal of a firearm, rifle or shotgun at a gun show, by a federally licensed dealer or private sale, including when such sale, exchange or disposal is between immediate family members, a purchaser of any firearm, rifle or shotgun shall submit to a mental health evaluation and provide the seller with proof of his or her approval to purchase such firearm, rifle or shotgun pursuant to mental hygiene law section 7.09 (1).
Section 2a is added: Before any sale, exchange, or disposal pursuant to this article, a purchaser of any firearm, rifle or shotgun shall submit to a mental health evaluation and provide the seller with proof of his or her approval to purchase such firearm, rifle or shotgun pursuant to subdivision (m) of section 7.09 of the mental hygiene law.
Section 3 amends section 7.09 of the mental hygiene law by adding a new subdivision (1) to require the commissioner of mental health to estab- lish within the office of mental health an administrative process for the mental health evaluation of any individual prior to such individ- ual's purchase of any firearm, rifle or shotgun. The commissioner shall promulgate regulations which shall include, but not be limited to, provisions relating to mental health professionals approved to perform the evaluation; the process for evaluation; and the development of a standardized form to be used by mental health professionals performing such evaluation to approve or deny an individual for purchase of a firearm, rifle or shotgun.
This section also provides for the review of the denial of an individual for purchase or other acquisition of any firearm, rifle or shotgun.
Section 4 amends penal law section 265.17 (3) by adding a new subdivi- sion 4 to add that a person is guilty of criminal purchase or disposal of a weapon when knowing that a mental health evaluation is required under the mental hygiene law, he or she either purchases or disposes of a firearm, rifle or shotgun without such mental health evaluation approval for the purchaser.
Section 5 is the effective date.
Justification
The many recent tragic events have clearly demonstrated the need to prevent those with mental health problems from obtaining guns. This bill will require that a mental health evaluation be conducted before an individual can purchase or obtain a gun. This bill will help to protect our citizens and prevent the death of innocent people.
Prior legislative history
2018: A10259 referred to codes; same as 58223 (Alcantara) referred to consumer protection
Fiscal implications for state and local governments
None
Effective date
This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.