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.
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
