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.
STATE OF NEW YORK
________________________________________________________________________
2086--A
2023-2024 Regular Sessions
IN SENATE
January 18, 2023
___________
Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance -- recommitted to
the Committee on Finance in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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 manner that shall be determined by the superintendent. Such indi-
7 vidual shall then be prohibited from purchasing firearms, rifles and
8 shotguns. The division of state police shall verify the individual's
9 identity prior to accepting such form. The individual filing the waiver
10 may provide an additional individual to be contacted if the waiver is
11 revoked 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.
LBD02126-03-4
S. 2086--A 2
1 3. An individual may file a revocation of the waiver with the division
2 of state police in a form that shall be determined by the superinten-
3 dent. The division of state police shall verify the individual's identi-
4 ty prior to accepting such revocation. Twenty-one days after receiving
5 the revocation, the division of state police shall remove the individual
6 from the national instant criminal background check system and any other
7 federal or state computer-based systems used by law enforcement agencies
8 or others to identify prohibited purchasers of firearms, rifles and
9 shotguns, to indicate that the individual is no longer a prohibited
10 purchaser of firearms, rifles or shotguns due to the voluntary waiver.
11 4. A waiver pursuant to this section may not be required of an indi-
12 vidual as a condition for receiving employment, benefits or services.
13 5. No records required by this section shall be subject to disclosure
14 and shall be confidential with respect to all matters involving health
15 care, employment, education, housing, insurance, government benefits,
16 and contracting.
17 6. Any information about an individual that is contained in, or trans-
18 mitted to, the division of state police shall not be used for any
19 purpose other than to determine the eligibility of the individual to
20 receive a firearm.
21 7. Any person who knowingly makes a false statement or representation
22 regarding his or her identity when submitting a voluntary waiver of the
23 right to purchase a firearm, rifle or shotgun shall be guilty of offer-
24 ing a false instrument for filing in the second degree, as defined by
25 section 175.30 of the penal law.
26 § 2. This act shall take effect on the ninetieth day after it shall
27 have become a law.
