Amd §§897 & 898, Gen Bus L; amd §7.09, Ment Hyg L; amd §265.17, Pen L
Requires a purchaser of any firearm, rifle or shotgun to submit to a mental health evaluation and provide the seller with his or her approval to purchase such firearm.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7874
SPONSOR: Simon 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 1-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 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.
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:
2019-20: A1589A referred to codes; same as S7065 (Sanders) referred to
consumer protection; 2018: A10259 referred to codes; same as S8223
(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.
STATE OF NEW YORK
________________________________________________________________________
7874
2023-2024 Regular Sessions
IN ASSEMBLY
July 7, 2023
___________
Introduced by M. of A. SIMON -- read once and referred to the Committee
on Codes
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 Assem-bly, do enact as follows:
1 Section 1. Section 897 of the general business law is amended by
2 adding a new subdivision 1-a to read as follows:
3 1-a. Before any sale, exchange, or disposal pursuant to this article,
4 a purchaser of any firearm, rifle or shotgun shall submit to a mental
5 health evaluation and provide the seller with proof of his or her
6 approval to purchase such firearm, rifle or shotgun pursuant to subdivi-
7 sion (n) of section 7.09 of the mental hygiene law.
8 § 2. Subdivision 1 of section 898 of the general business law, as
9 amended by chapter 129 of the laws of 2019, is amended and a new subdi-
10 vision 2-a is added to read as follows:
11 1. In addition to any other requirements pursuant to state and federal
12 law, all sales, exchanges or disposals of firearms, rifles or shotguns
13 shall be conducted in accordance with this section unless such sale,
14 exchange or disposal is conducted by a licensed importer[,] or licensed
15 manufacturer [or licensed dealer], as those terms are defined in 18 USC
16 § 922, when such sale, exchange or disposal is conducted pursuant to
17 that person's federal firearms license [or such sale, exchange or
18 disposal is between members of an immediate family]. When a sale,
19 exchange or disposal is conducted pursuant to a person's federal
20 firearms license, before delivering a firearm, rifle or shotgun to any
21 person, either (a) the National Instant Criminal Background Check System
22 (NICS) or its successor has issued a "proceed" response to the federal
23 firearms licensee, or (b) thirty calendar days shall have elapsed since
24 the date the federal firearms licensee contacted NICS to initiate a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08614-01-3
A. 7874 2
1 national instant criminal background check and NICS has not notified the
2 federal firearms licensee that the transfer of the firearm, rifle or
3 shotgun to such person should be denied. [For purposes of this section,
4 "immediate family" shall mean spouses, domestic partners, children and
5 step-children.]
6 2-a. Before any sale, exchange, or disposal pursuant to this article,
7 a purchaser of any firearm, rifle or shotgun shall submit to a mental
8 health evaluation and provide the seller with proof of his or her
9 approval to purchase such firearm, rifle or shotgun pursuant to subdivi-
10 sion (n) of section 7.09 of the mental hygiene law.
11 § 3. Section 7.09 of the mental hygiene law is amended by adding a new
12 subdivision (n) to read as follows:
13 (n) The commissioner shall establish within the office of mental
14 health an administrative process for the mental health evaluation of any
15 individual prior to such individual's purchase of any firearm, rifle or
16 shotgun. The commissioner shall promulgate regulations to establish the
17 mental health evaluation process, which shall include, but not be limit-
18 ed to, provisions relating to: (1) the mental health professionals
19 approved to perform such evaluation, (2) the process for evaluation by
20 such mental health professionals and (3) the development of a standard-
21 ized form to be used by the mental health professional performing such
22 evaluation to approve or deny an individual for purchase of a firearm,
23 rifle or shotgun. The denial of an individual for purchase of any
24 firearm, rifle or shotgun may be reviewed de novo pursuant to the
25 proceedings under article seventy-eight of the civil practice law and
26 rules.
27 § 4. Subdivision 3 of section 265.17 of the penal law, as added by
28 chapter 236 of the laws of 2021, is amended and a new subdivision 4 is
29 added to read as follows:
30 3. Knowing that another person is prohibited by law from possessing a
31 firearm, rifle or shotgun because of a prior conviction or because of
32 some other disability which would render him or her ineligible to
33 lawfully possess a firearm, rifle or shotgun in this state, or knowing
34 that another person is the subject of an outstanding warrant of arrest
35 issued upon the alleged commission of a felony or serious offense, a
36 person disposes of a firearm, rifle or shotgun to such other person[.];
37 or
38 4. Knowing that a mental health evaluation is required pursuant to
39 subdivision (n) of section 7.09 of the mental hygiene law, he or she
40 either purchases or disposes of a firearm, rifle or shotgun without such
41 mental health evaluation approval for purchase.
42 § 5. This act shall take effect on the one hundred eightieth day after
43 it shall have become a law. Effective immediately, the addition, amend-
44 ment and/or repeal of any rule or regulation necessary for the implemen-
45 tation of this act on its effective date are authorized to be made and
46 completed on or before such date.
