S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7712
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 31, 2013
                                      ___________
       Introduced by M. of A. CROUCH -- read once and referred to the Committee
         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    S  2.  This  act  shall  take  effect on the same date and in the same
   25  manner as section 48 of chapter 1 of the laws of 2013, takes effect.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11082-01-3