Provides for the temporary surrender of firearms to the police by 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; requires 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 themself or others; provides that a judge of the local jurisdiction may order an early return of the firearms if such judge determines that it would be appropriate to do so.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2233
SPONSOR: Simon (MS) TITLE OF BILL:
An act to amend the penal law, in relation to the temporary surrender of
firearms for public safety purposes
PURPOSE OR GENERAL IDEA OF BILL:
This measure would authorize law enforcement agencies to temporarily
withhold an individual's firearms upon release from custody for a "cool-
ing off period" of thirty days or after a psychiatric examiner has
determined whether the individual is a threat to himself, herself or
others.
SUMMARY OF SPECIFIC PROVISIONS:
Section 400.05 of the Penal Law is amended by adding a new Subdivision 7
(a) defining the purpose of surrendering the firearm. Subdivision 7 (b)
explains the cooling off period and authorizes the law enforcement agen-
cy to withhold the weapon. Furthermore, this subdivision provides for a
specific provision defining the time the firearm must remain in police
custody as well as a provision that authorizes a judge of a local juris-
diction to order the return of such firearm if determined appropriate.
JUSTIFICATION:
Law enforcement officials often seize weapons from individuals who are
mentally unstable and have threatened to kill themselves. These weapons
are secured for safekeeping during the time when a psychiatric physician
is evaluating the individual. However, upon release, the individual may
request his or her weapon back. Currently, there is no statute that
allows the law enforcement agency to continue holding the weapon if the
individual poses a threat, thus mandating the firearm be returned upon
request. The obvious fear is that the weapon is being placed back in the
hands of someone who may harm themselves or others. Another not so obvi-
ous reason, but equally important, would be the risk of a lawsuit for
the illegal seizure of the weapon. This measure would allow law enforce-
ment agencies to withhold the firearm for a period of thirty days or
whenever a psychiatric evaluation has determined the individual no long-
er remains a threat upon release from custody.
PRIOR LEGISLATIVE HISTORY:
2023-24: A7227 Simon -referred to codes
2021-22: A630 Cahill -referred to codes
2019-2020:A.396 -Referred to Codes
2017-2018:A.145 -Referred to Codes
2015-2016:A.1748- Referred to Codes
STATE OF NEW YORK
________________________________________________________________________
2233
2025-2026 Regular Sessions
IN ASSEMBLY
January 15, 2025
___________
Introduced by M. of A. SIMON, SEAWRIGHT -- Multi-Sponsored by -- M. of
A. COLTON -- 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 Assem-bly, do enact as follows:
1 Section 1. Section 400.05 of the penal law is amended by adding a new
2 subdivision 7 to read as follows:
3 7. (a) Any person who is taken into custody by the police for the
4 purpose of a mental examination, and prior to an examination ordered
5 pursuant to article seven hundred thirty of the criminal procedure law,
6 shall be required to surrender such person's firearms as defined in
7 subdivision three of section 265.00 of this chapter, to the police.
8 (b) There shall be a "cooling off period" following the discharge from
9 psychiatric care during which time firearms, which came into police
10 custody during the person's pre-hospitalization intervention or during
11 hospitalization, may be kept in police custody for thirty days, or after
12 a psychiatric examiner has determined whether the person is a threat to
13 themself or others. However, a judge of the local jurisdiction may order
14 an early return of the firearms if such judge determines that it would
15 be appropriate to do so.
16 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04781-01-5
