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
