Provides for the temporary surrender of firearms to the police by any person who is taken into custody by the police for the purpose of a mental examination and prior to an examination ordered pursuant to article seven hundred thirty of the criminal procedure law; requires a "cooling off period" following the discharge from psychiatric care during which time firearms, which came into police custody during the person's prehospitalization intervention or during hospitalization, may be kept in police custody for thirty days, or after a psychiatric examiner has determined whether the person is a threat to himself or herself or others; provides that a judge of the local jurisdiction may order an early return of the firearms if he or she determines that it would be appropriate to do so.
STATE OF NEW YORK
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63
2009-2010 Regular Sessions
IN SENATE(Prefiled)
January 7, 2009
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Introduced by Sen. SAMPSON -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to the temporary surrender of
firearms for public safety purposes
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 400.05 of the penal law is amended by adding a new
2 subdivision 7 to read as follows:
3 7. (a) Any person who is taken into custody by the police for the
4 purpose of a mental examination, and prior to an examination ordered
5 pursuant to article seven hundred thirty of the criminal procedure law,
6 shall be required to surrender his or her firearms as defined in subdi-
7 vision three of section 265.00 of this chapter, to the police.
8 (b) There shall be a "cooling off period" following the discharge from
9 psychiatric care during which time firearms, which came into police
10 custody during the person's pre-hospitalization intervention or during
11 hospitalization, may be kept in police custody for thirty days, or after
12 a psychiatric examiner has determined whether the person is a threat to
13 himself or herself or others. However, a judge of the local jurisdiction
14 may order an early return of the firearms if he or she determines that
15 it would be appropriate to do so.
16 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00577-01-9
