|SAME AS||No Same As|
|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.|
|03/04/2015||referred to codes|
|01/06/2016||referred to codes|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5788 SPONSOR: Kavanagh (MS)
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 addi- tional 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 determi- nation 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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STATE OF NEW YORK ________________________________________________________________________ 5788 2015-2016 Regular Sessions IN ASSEMBLY 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. LBD05192-01-5A. 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 of13 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 § 2. This act shall take effect on the one hundred twentieth day after 41 it shall have become a law.