A05788 Summary:

BILL NOA05788
 
SAME ASNo Same As
 
SPONSORKavanagh
 
COSPNSRPeoples-Stokes, Jaffee, Robinson, Aubry, Lavine
 
MLTSPNSRGantt, 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 NOA05788
 
03/04/2015referred to codes
01/06/2016referred to codes
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A05788 Memo:

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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A05788 Text:



 
                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.
                                                                   LBD05192-01-5

        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    § 2. This act shall take effect on the one hundred twentieth day after
    41  it shall have become a law.
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