A05788 Summary:

BILL NO    A05788 

SAME AS    No same as 

SPONSOR    Kavanagh (MS)

COSPNSR    Peoples-Stokes, Jaffee, Robinson, Aubry, Lavine

MLTSPNSR   Gantt, Glick, Gottfried, Hooper, Lifton, McDonough, Wright

Amd S400.00, Pen L

Broadens provisions relating to eligibility for a firearms license.
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A05788 Actions:

BILL NO    A05788 

03/04/2015 referred to codes
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A05788 Votes:

There are no votes for this bill in this legislative session.
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A05788 Memo:

BILL NUMBER:A5788

TITLE OF BILL:  An act to amend the penal law, in relation to the
issuance of a license to carry a firearm

PURPOSE:

This bill adds a mental health component to the requirements for
firearm licensing. It also requires that applicants successfully
complete a firearm safety course approved by the superintendent of
state police and receive a certificate of completion before a license
will be issued or renewed.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision 1 of section 400.00 of the
penal law, as amended by chapter 1 of the laws of 2013, to include
additional requirements for firearm licensing. The bill broadens the
current regulations to include a mental health component prohibiting
issuance or renewal of a license if the applicant has previously had a
guardian appointed to them pursuant to any provision of law based on a
determination that as a result of marked subnormal intelligence,
mental illness, incapacity, condition or disease, he or she lacks the
mental capacity to contract or manage their own affairs. It further
requires that applicants successfully complete a firearm safety course
and receive a certificate of completion, endorsed and affirmed under
the penalties of perjury, by a duly authorized instructor and approved
by the superintendent of state police.

Section 2 of the bill establishes the effective date.

JUSTIFICATION:

Perpetrators of acts of firearm violence often display indications of
mental illness long before they commit crimes. The tragic loss of life
suffered in Tucson, Arizona in 2011 is a dark reminder of the need for
more common-sense firearm licensing requirements. A mechanism for
reviewing an applicant's mental stability before issuance or renewal
of a firearm license is imperative to averting such shootings in the
future and ensures that only those who are mentally competent are
allowed to own such dangerous weapons. Growing concern regarding easy
access to firearms by people with mental health issues has led a
number of states to pass legislation barring firearm licensure to
those with a history of mental illness. This bill will ensure that New
York is among the states that currently require that firearms are kept
out of the hands of the mentally disturbed; the list of people whose
lives have been savagely cut short by gun violence demands nothing
less.

LEGISLATIVE HISTORY:

2014: A03242 (Kavanagh) - Codes
2013: A03242 (Kavanagh) - Codes
2012: A04405 (Kavanagh) - Codes
2011: A04405 (Kavanagh) - Codes
2010: A03076B (Kavanagh) - On the Floor
2009: A03076B (Kavanagh) - Passed Assembly


2008: A08253B (Kavanagh) - Rules
2007: A08253B (Kavanagh) - Codes
2006: No Assembly Bill
2005: No Assembly Bill
2004: A03942 (Grannis) - Codes
2003: A03942 (Grannis) - Codes
2002: A00231 (Grannis) - Codes
2001: A00231 (Grannis) - Codes

FISCAL IMPACT ON THE STATE:

None.

EFFECTIVE DATE:

This act shall take effect on the one hundred twentieth day after it
shall have become a law.
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A05788 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         5788

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                     March 4, 2015
                                      ___________

       Introduced  by  M.  of  A.  KAVANAGH,  PEOPLES-STOKES, JAFFEE, ROBINSON,
         BROOK-KRASNY, AUBRY, LAVINE -- Multi-Sponsored by -- M. of  A.  GANTT,
         GLICK,  GOTTFRIED,  HOOPER, LIFTON, McDONOUGH, WRIGHT -- read once and
         referred to the Committee on Codes

       AN ACT to amend the penal law, in relation to the issuance of a  license
         to carry a firearm

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Subdivision 1 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    1. Eligibility. No license shall be issued or renewed pursuant to this
    4  section  except  by  the licensing officer, and then only after investi-
    5  gation and finding that all statements in a  proper  application  for  a
    6  license  are  true.  No license shall be issued or renewed except for an
    7  applicant (a) twenty-one years of age or older, provided, however,  that
    8  where  such  applicant  has  been  honorably  discharged from the United
    9  States army, navy, marine corps,  air  force  or  coast  guard,  or  the
   10  national  guard  of the state of New York, no such age restriction shall
   11  apply; (b) of good moral character;  (c)  who  has  not  been  convicted
   12  anywhere  of  a  felony  or a serious offense; (d) who is not a fugitive
   13  from justice; (e) who is not an unlawful user  of  or  addicted  to  any
   14  controlled  substance as defined in section 21 U.S.C. 802; (f) who being
   15  an alien (i) is not illegally or unlawfully in the United States or (ii)
   16  has not been admitted to the United States  under  a  nonimmigrant  visa
   17  subject  to  the  exception in 18 U.S.C. 922(y)(2); (g) who has not been
   18  discharged from the Armed Forces under dishonorable conditions; (h) who,
   19  having been a citizen of the United States, has not renounced his or her
   20  citizenship; (i) who has [stated whether he or she has] NOT HAD A GUARD-
   21  IAN APPOINTED FOR THEM PURSUANT TO ANY PROVISION  OF  LAW,  BASED  ON  A
   22  DETERMINATION  THAT AS A RESULT OF MARKED SUBNORMAL INTELLIGENCE, MENTAL
   23  ILLNESS, INCAPACITY, CONDITION OR DISEASE, HE OR SHE  LACKS  THE  MENTAL

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05192-01-5
       A. 5788                             2

    1  CAPACITY  TO  CONTRACT  OR MANAGE THEIR OWN AFFAIRS OR ever suffered any
    2  mental illness; (j) who has not been involuntarily committed to a facil-
    3  ity under the jurisdiction of an office  of  the  department  of  mental
    4  hygiene  pursuant  to article nine or fifteen of the mental hygiene law,
    5  article seven hundred thirty or section 330.20 of the criminal procedure
    6  law, section four hundred two or five hundred eight  of  the  correction
    7  law,  section  322.2  or  353.4 of the family court act, or has not been
    8  civilly confined in a secure treatment facility pursuant to article  ten
    9  of  the mental hygiene law; (k) who has not had a license revoked or who
   10  is not under a suspension or ineligibility order issued pursuant to  the
   11  provisions  of  section  530.14 of the criminal procedure law or section
   12  eight hundred forty-two-a of the family court act; (l) [in the county of
   13  Westchester,] who has successfully completed a  firearms  safety  course
   14  and  test  as  evidenced by a certificate of completion issued in his or
   15  her name and endorsed and affirmed under the penalties of perjury  by  a
   16  duly  authorized  instructor,  APPROVED  BY  THE SUPERINTENDENT OF STATE
   17  POLICE except that: (i) persons who are honorably  discharged  from  the
   18  United  States army, navy, marine corps, AIR FORCE or coast guard, or of
   19  the national guard of the state of New York,  and  produce  evidence  of
   20  official  qualification  in  firearms during the term of service are not
   21  required to have completed those  hours  of  a  firearms  safety  course
   22  pertaining  to the safe use, carrying, possession, maintenance and stor-
   23  age of a firearm; and (ii) persons who were licensed to possess a pistol
   24  or revolver prior to the  effective  date  of  this  paragraph  are  not
   25  required  to  have  completed a firearms safety course and test; (m) who
   26  has not had a  guardian  appointed  for  him  or  her  pursuant  to  any
   27  provision  of  state  law,  based on a determination that as a result of
   28  marked subnormal intelligence, mental illness, incapacity, condition  or
   29  disease,  he  or she lacks the mental capacity to contract or manage his
   30  or her own affairs; and (n) concerning whom no good cause exists for the
   31  denial of the license.  No  person  shall  engage  in  the  business  of
   32  gunsmith or dealer in firearms unless licensed pursuant to this section.
   33  An  applicant  to engage in such business shall also be a citizen of the
   34  United States, more than twenty-one years of age and maintain a place of
   35  business in the city or county where the license  is  issued.  For  such
   36  business, if the applicant is a firm or partnership, each member thereof
   37  shall  comply with all of the requirements set forth in this subdivision
   38  and if the applicant is a corporation, each  officer  thereof  shall  so
   39  comply.
   40    S 2. This act shall take effect on the one hundred twentieth day after
   41  it shall have become a law.
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