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A01033 Summary:

BILL NOA01033A
 
SAME ASSAME AS S05814-A
 
SPONSORPaulin
 
COSPNSRDinowitz, Abinanti, Gottfried, Fahy, Seawright, Englebright, Dickens
 
MLTSPNSR
 
Add 221-e, Exec L
 
Relates to establishing a voluntary waiver of the right to purchase firearms, rifles or shotguns; requires the division of state police to maintain statewide records of individuals who have waived the right to purchase firearms, rifles, or shotguns and any revocations of such waivers.
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A01033 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1033--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 7, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  PAULIN, DINOWITZ, ABINANTI, GOTTFRIED, FAHY,
          SEAWRIGHT, ENGLEBRIGHT, DICKENS --  read  once  and  referred  to  the
          Committee  on  Governmental  Operations  -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        AN  ACT to amend the executive law, in relation to establishing a volun-
          tary waiver of the right to purchase firearms, rifles, or shotguns
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. The executive law is amended by adding a new section 221-e
     2  to read as follows:
     3    § 221-e. Voluntary waiver of right to purchase  firearms,  rifles,  or
     4  shotguns.   1. An individual may file a voluntary waiver of the right to
     5  purchase a firearm, rifle or shotgun with the division of state  police,
     6  in  a form that shall be determined by the superintendent. Such individ-
     7  ual shall then be prohibited from purchasing firearms, rifles and  shot-
     8  guns. The division of state police shall verify the individual's identi-
     9  ty  prior  to  accepting such form. The individual filing the waiver may
    10  provide an alternate individual to be contacted if the waiver is revoked
    11  as set forth in subdivision three of this section.
    12    2. The division of state police shall maintain  statewide  records  of
    13  individuals who waive the right to purchase firearms, rifles or shotguns
    14  as  set forth in subdivision one of this section and revocations of such
    15  waivers as set forth in subdivision three of this section. Such  records
    16  shall  be  maintained  for  internal  use  in a manner determined by the
    17  superintendent. The division of state police  shall  enter  each  waiver
    18  into the national instant criminal background check system and any other
    19  federal or state computer-based systems used by law enforcement agencies
    20  or  others  to  identify  prohibited  purchasers of firearms, rifles and
    21  shotguns within twenty-four hours of receipt of the waiver.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02158-03-1

        A. 1033--A                          2
 
     1    3. No sooner than twenty-one days after  filing  a  waiver  under  the
     2  provisions  of subdivision one of this section, an individual may file a
     3  revocation of the waiver with the division of state  police  in  a  form
     4  that  shall  be  determined by the superintendent. The division of state
     5  police  shall  verify  the individual's identity prior to accepting such
     6  revocation. The division of state police shall enter the  revocation  of
     7  the  waiver  into  the national instant criminal background check system
     8  and any other federal  or  state  computer-based  systems  used  by  law
     9  enforcement  agencies  or  others  to  identify prohibited purchasers of
    10  firearms, rifles and shotguns within twenty-four hours of receipt of the
    11  revocation form, to indicate that the individual is no longer a  prohib-
    12  ited  purchaser  of  firearms,  rifles  or shotguns due to the voluntary
    13  waiver.
    14    4. A waiver pursuant to this section may not be required of  an  indi-
    15  vidual as a condition for receiving employment, benefits or services.
    16    5.  No records required by this section shall be subject to disclosure
    17  and shall be confidential with respect to all matters  involving  health
    18  care,  employment,  education,  housing, insurance, government benefits,
    19  and contracting.
    20    § 2. This act shall take effect on the ninetieth day  after  it  shall
    21  have become a law.
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