•  Summary 
  •  Actions 
  •  Committee Votes 
  •  Floor Votes 
  •  Memo 
  •  Text 
  •  LFIN 
  •  Chamber Video/Transcript 

A09978 Summary:

COSPNSRTaylor, Steck, D'Urso, Mayer, Ortiz, Gottfried, Blake, Harris, Perry, Weprin, Seawright, Bichotte, Simon
Amd 400.00, Pen L
Relates to access to foreign state records concerning previous or present mental illness of applicants for firearms licenses.
Go to top    

A09978 Actions:

03/02/2018referred to codes
03/05/2018reported referred to rules
03/06/2018rules report cal.13
03/06/2018ordered to third reading rules cal.13
03/06/2018passed assembly
03/06/2018delivered to senate
Go to top

A09978 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  TITLE OF BILL: An act to amend the penal law, in relation to access to foreign state records   PURPOSE: Individuals who are domiciled in other states but reside in New York are able to apply for firearm licenses - but due to confidentiality rules, New York authorities may be prevented from investigating the mental illness record of those individuals in their home states. This measure addresses that flaw by requiring applicants to waive the confidentiality of their foreign home state mental illness records to the extent a waiv- er is necessary to permit the New York licensing authority to view those records.   SUMMARY OF SPECIFIC PROVISIONS: This measure would amend section 400.00(4) of the Penal Law to require an applicant for a firearms license who is a New York resident but domi- ciled in a foreign state to exercise a waiver of confidentiality that would permit law enforcement officials to inquire of the foreign state about the applicant's mental health records.   JUSTIFICATION: The Court of Appeals recently held that a person can apply for a firearm license in the county of his or her residence, regardless of the place of the applicant's domicile (Osterweil v. Bartlett, 21 NY3d 580 (2013)). The Osterweil decision has exposed a significant flaw in New York's statutory scheme involving firearms licenses. Currently, before a firearms license is issued, an investigation must be made of the appli- cant's history of mental illness. To that end, the licensing statute provides that "the records of the appropriate office of the department of mental hygiene concerning previous or present mental illness of the applicant shall be made available for inspection by the investigating officer of the police authority" (PL § 400.00(4)). This provision adequately ensures that the licensing authority will be aware of the mental health records of a New York State domiciliary because any such records are likely to be maintained by an office under the control of the department of mental hygiene. After Osterweil, however, foreign state domiciliaries who maintain a New York residence have begun to apply for firearm's licenses in New York without being subject to adequate investigation of their home state record of mental illness. Confidentiality rules prevent New York authorities from investigating the mental illness record of foreign states. Moreover, it is unlikely that New York residents who are domiciled elsewhere, many of whom only have vacation homes and summer camps in New York, will have a mental illness record in New York. Thus, there is little chance under current - law for a complete investigation of the mental illness history of a foreign domiciliary. This measure would close the loophole created by Osterweil by requiring an investigation of the mental illness records of a foreign state where the applicant is domiciled in a foreign state. In order to permit such an investigation, the measure requires such an applicant to execute a waiver of confidentiality in such form as may be required by their foreign home state.   LEGISLATIVE HISTORY: 2015: A07463 (Kavanagh): Passed Assembly 2016: A07463 (Kavanagh): Passed Assembly   FISCAL IMPLICATIONS: Minimal   EFFECTIVE DATE: This measure shall take effect 90 days after becoming law.
Go to top

A09978 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                      March 2, 2018
        Introduced by M. of A. HUNTER -- read once and referred to the Committee
          on Codes
        AN  ACT  to  amend the penal law, in relation to access to foreign state
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  4  of  section  400.00  of the penal law, as
     2  amended by chapter 1 of the laws of 2013, is amended to read as follows:
     3    4. Investigation. Before a license is issued or renewed,  there  shall
     4  be an investigation of all statements required in the application by the
     5  duly  constituted police authorities of the locality where such applica-
     6  tion is made, including but not limited to such records as may be acces-
     7  sible to the division of state police or division  of  criminal  justice
     8  services  pursuant  to section 400.02 of this article. For that purpose,
     9  the records of the  appropriate  office  of  the  department  of  mental
    10  hygiene  concerning  previous or present mental illness of the applicant
    11  shall be available for inspection by the investigating  officer  of  the
    12  police  authority.  Where the applicant is domiciled in a foreign state,
    13  the investigation shall include inquiry of the foreign state for records
    14  concerning the previous or present mental illness of the applicant, and,
    15  to the extent necessary for inspection by the investigating officer, the
    16  applicant shall execute a waiver of confidentiality of  such  record  in
    17  such form as may be required by the foreign state. In order to ascertain
    18  any  previous  criminal record, the investigating officer shall take the
    19  fingerprints and physical descriptive  data  in  quadruplicate  of  each
    20  individual by whom the application is signed and verified. Two copies of
    21  such  fingerprints  shall  be  taken on standard fingerprint cards eight
    22  inches square, and one copy may be taken on a  card  supplied  for  that
    23  purpose  by the federal bureau of investigation; provided, however, that
    24  in the case of a corporate applicant that  has  already  been  issued  a
    25  dealer  in firearms license and seeks to operate a firearm dealership at
    26  a second or subsequent location, the original fingerprints on  file  may
    27  be  used  to  ascertain  any criminal record in the second or subsequent
    28  application unless any of the corporate officers have changed since  the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 9978                             2
     1  prior  application, in which case the new corporate officer shall comply
     2  with procedures governing an initial application for such license.  When
     3  completed,  one  standard card shall be forwarded to and retained by the
     4  division  of  criminal  justice services in the executive department, at
     5  Albany. A search of the files of such division and written  notification
     6  of  the results of the search to the investigating officer shall be made
     7  without unnecessary delay. Thereafter, such division  shall  notify  the
     8  licensing  officer  and  the  executive  department,  division  of state
     9  police, Albany, of any criminal record of the  applicant  filed  therein
    10  subsequent  to  the  search of its files. A second standard card, or the
    11  one supplied by the federal bureau of investigation, as the case may be,
    12  shall be forwarded to that bureau at Washington with a request that  the
    13  files  of  the bureau be searched and notification of the results of the
    14  search be made to the investigating police authority. Of  the  remaining
    15  two fingerprint cards, one shall be filed with the executive department,
    16  division  of state police, Albany, within ten days after issuance of the
    17  license, and the other remain on  file  with  the  investigating  police
    18  authority.  No  such  fingerprints  may be inspected by any person other
    19  than a peace officer, who is acting  pursuant  to  his  or  her  special
    20  duties,  or a police officer, except on order of a judge or justice of a
    21  court of record either upon notice to the licensee or without notice, as
    22  the judge or justice may deem appropriate. Upon completion of the inves-
    23  tigation, the police authority shall report the results to the licensing
    24  officer without unnecessary delay.
    25    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    26  have become a law.
Go to top