STATE OF NEW YORK
        ________________________________________________________________________

                                         1589--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    January 15, 2019
                                       ___________

        Introduced  by  M. of A. ABINANTI, TAYLOR, D'URSO, ORTIZ, VANEL, JAFFEE,
          PAULIN, BENEDETTO, SEAWRIGHT, ARROYO, DARLING -- Multi-Sponsored by --
          M. of A.  COOK -- read once and referred to the Committee on Codes  --
          recommitted to the Committee on Codes in accordance with Assembly Rule
          3,  sec. 2 -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee

        AN ACT to amend the general business law, the mental hygiene law and the
          penal law, in relation to requiring a mental health  evaluation  prior
          to the purchase of any firearm, rifle or shotgun

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 897 of the  general  business  law  is  amended  by
     2  adding a new subdivision 1-a to read as follows:
     3    1-a.  Before any sale, exchange, or disposal pursuant to this article,
     4  a purchaser of any firearm, rifle or shotgun shall submit  to  a  mental
     5  health  evaluation  and  provide  the  seller  with  proof of his or her
     6  approval to purchase such firearm, rifle or shotgun pursuant to subdivi-
     7  sion (m) of section 7.09 of the mental hygiene law.
     8    § 2. Subdivision 1 of section 898 of  the  general  business  law,  as
     9  amended  by chapter 129 of the laws of 2019, is amended and a new subdi-
    10  vision 2-a is added to read as follows:
    11    1. In addition to any other requirements pursuant to state and federal
    12  law, all sales, exchanges or disposals of firearms, rifles  or  shotguns
    13  shall  be  conducted  in  accordance with this section unless such sale,
    14  exchange or disposal is conducted by a licensed importer[,] or  licensed
    15  manufacturer  [or licensed dealer], as those terms are defined in 18 USC
    16  § 922, when such sale, exchange or disposal  is  conducted  pursuant  to
    17  that  person's  federal  firearms  license  [or  such  sale, exchange or
    18  disposal is between members  of  an  immediate  family].  When  a  sale,
    19  exchange  or  disposal  is  conducted  pursuant  to  a  person's federal
    20  firearms license, before delivering a firearm, rifle or shotgun  to  any

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05237-02-9

        A. 1589--A                          2

     1  person, either (a) the National Instant Criminal Background Check System
     2  (NICS)  or  its successor has issued a "proceed" response to the federal
     3  firearms licensee, or (b) thirty calendar days shall have elapsed  since
     4  the  date  the  federal  firearms  licensee contacted NICS to initiate a
     5  national instant criminal background check and NICS has not notified the
     6  federal firearms licensee that the transfer of  the  firearm,  rifle  or
     7  shotgun  to such person should be denied. [For purposes of this section,
     8  "immediate family" shall mean spouses, domestic partners,  children  and
     9  step-children.]
    10    2-a.  Before any sale, exchange, or disposal pursuant to this article,
    11  a purchaser of any firearm, rifle or shotgun shall submit  to  a  mental
    12  health  evaluation  and  provide  the  seller  with  proof of his or her
    13  approval to purchase such firearm, rifle or shotgun pursuant to subdivi-
    14  sion (m) of section 7.09 of the mental hygiene law.
    15    § 3. Section 7.09 of the mental hygiene law is amended by adding a new
    16  subdivision (m) to read as follows:
    17    (m) The commissioner shall  establish  within  the  office  of  mental
    18  health an administrative process for the mental health evaluation of any
    19  individual  prior to such individual's purchase of any firearm, rifle or
    20  shotgun. The commissioner shall promulgate regulations to establish  the
    21  mental health evaluation process, which shall include, but not be limit-
    22  ed  to,  provisions  relating  to:  (1)  the mental health professionals
    23  approved to perform such evaluation, (2) the process for  evaluation  by
    24  such  mental health professionals and (3) the development of a standard-
    25  ized form to be used by the mental health professional  performing  such
    26  evaluation  to  approve or deny an individual for purchase of a firearm,
    27  rifle or shotgun. The denial  of  an  individual  for  purchase  of  any
    28  firearm,  rifle  or  shotgun  may  be  reviewed  de novo pursuant to the
    29  proceedings under article seventy-eight of the civil  practice  law  and
    30  rules.
    31    §  4.  Subdivision  3  of section 265.17 of the penal law, as added by
    32  chapter 1 of the laws of 2013, is amended and a  new  subdivision  4  is
    33  added to read as follows:
    34    3.  Knowing that another person is prohibited by law from possessing a
    35  firearm, rifle or shotgun because of a prior conviction  or  because  of
    36  some  other  disability  which  would  render  him  or her ineligible to
    37  lawfully possess a firearm, rifle or shotgun in  this  state,  a  person
    38  disposes of a firearm, rifle or shotgun to such other person[.]; or
    39    4.  Knowing  that  a  mental health evaluation is required pursuant to
    40  subdivision (m) of section 7.09 of the mental hygiene  law,  he  or  she
    41  either purchases or disposes of a firearm, rifle or shotgun without such
    42  mental health evaluation approval for purchase.
    43    § 5. This act shall take effect on the one hundred eightieth day after
    44  it  shall have become a law. Effective immediately, the addition, amend-
    45  ment and/or repeal of any rule or regulation necessary for the implemen-
    46  tation of this act on its effective date are authorized to be  made  and
    47  completed on or before such date.