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A05298 Summary:

BILL NOA05298
 
SAME ASNo Same As
 
SPONSORAngelino
 
COSPNSRMorinello, DeStefano, McDonough, Salka, Durso, Lemondes
 
MLTSPNSR
 
Amd §400.00, Pen L
 
Relates to the revocation and suspension of licenses to carry, possess, repair and dispose of firearms.
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A05298 Actions:

BILL NOA05298
 
02/12/2021referred to codes
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A05298 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5298
 
SPONSOR: Angelino
  TITLE OF BILL: An act to amend the penal law, in relation to revocation and suspension of licenses to carry, possess, repair and dispose of firearms   PURPOSE OR GENERAL IDEA OF BILL: Relates to the revocation and suspension of licenses to carry, possess, repair and dispose of firearms.   SUMMARY OF SPECIFIC PROVISIONS: Section 1. Paragraphs (b) and (c) of subdivision 11 of section 400.00 of the penal law, as added by chapter 1 of the laws of 2013 are amended to require a hearing before a firearms license is revoked pursuant to a report made by mental health professionals regarding substantial risk or threat of harm.   JUSTIFICATION: The Safe Act amended the mental hygiene law, executive law and penal law to provide that where certain mental health professionals deem that an individual that is being treated is a threat to themselves or others, and where the county health commissioner agrees with that risk assess- ment, the individual's firearm license must be revoked and all firearms, rifles and shotguns must be surrendered. The Act does not require any sort of a hearing on the matter. Therefore, the Safe Act does not provide adequate due process to ensure that the licensee is the same individual regarding whom the report was made and does not provide notice or a hearing to the individual before being deprived of a consti- tutional right. As such, this bill makes it clear that the individual is entitled to a hearing before the licensing officer where he or she can plead his or her case before being deprived of a license and firearms.   PRIOR LEGISLATIVE HISTORY: A1474 : 2019-20.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A05298 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5298
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 12, 2021
                                       ___________
 
        Introduced by M. of A. ANGELINO -- read once and referred to the Commit-
          tee on Codes
 
        AN  ACT to amend the penal law, in relation to revocation and suspension
          of licenses to carry, possess, repair and dispose of firearms
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Paragraphs (b) and (c) of subdivision 11 of section 400.00
     2  of the penal law, as added by chapter 1 of the laws of 2013, are amended
     3  to read as follows:
     4    (b) Whenever the director of community services or his or her designee
     5  makes a report pursuant to section 9.46 of the mental hygiene  law,  the
     6  division  of  criminal  justice  services shall convey such information,
     7  whenever it determines that the person named in the report  possesses  a
     8  license  issued  pursuant  to this section, to the appropriate licensing
     9  [official] officer, who shall conduct a hearing on the issue and if such
    10  official determines that such person  is  a  danger  to  himself  or  to
    11  others, such licensing officer shall issue an order suspending or revok-
    12  ing such license.
    13    (c)  In  any  instance  in  which  a  person's license is suspended or
    14  revoked under paragraph (a) or (b)  of  this  subdivision,  such  person
    15  shall  surrender  such  license  to the appropriate licensing [official]
    16  officer and any and all firearms, rifles, or shotguns owned or possessed
    17  by such person shall be surrendered to an  appropriate  law  enforcement
    18  agency as provided in subparagraph (f) of paragraph one of subdivision a
    19  of  section  265.20 of this chapter. In the event such license, firearm,
    20  shotgun, or rifle is not surrendered, such items shall be  removed  [and
    21  declared  a  nuisance]  and  any  police officer or peace officer acting
    22  pursuant to his or her special duties is authorized to  remove  any  and
    23  all such weapons.
    24    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09118-01-1
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