STATE OF NEW YORK
        ________________________________________________________________________

                                          3419

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 26, 2021
                                       ___________

        Introduced  by  M.  of  A.  LAVINE, SIMON, SEAWRIGHT, GRIFFIN, COLTON --
          Multi-Sponsored by -- M. of A. GALEF -- read once and referred to  the
          Committee on Judiciary

        AN  ACT  to  amend  the  judiciary  law  and  the mental hygiene law, in
          relation to requiring a recent psychiatric evaluation of a  petitioner
          seeking relief from firearms disabilities

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

     1    Section 1. Paragraph (q) of subdivision 2 of section 212 of the  judi-
     2  ciary  law,  as  amended by chapter 1 of the laws of 2013, is amended to
     3  read as follows:
     4    (q) (i) Adopt rules to require transmission, to the  criminal  justice
     5  information  services division of the federal bureau of investigation or
     6  to the division of criminal justice services,  of  the  name  and  other
     7  identifying  information of each person who has a guardian appointed for
     8  him or her pursuant to any provision of state law, based on  a  determi-
     9  nation  that  as  a  result  of  marked  subnormal  intelligence, mental
    10  illness, incapacity, condition or disease, he or she  lacks  the  mental
    11  capacity  to contract or manage his or her own affairs. Any such records
    12  transmitted directly to the federal bureau of investigation must also be
    13  transmitted to the  division  of  criminal  justice  services,  and  any
    14  records  received  by the division of criminal justice services pursuant
    15  to this paragraph may be  checked  against  the  statewide  license  and
    16  record database.
    17    (ii)  Adopt  rules to establish a relief from disabilities program for
    18  those individuals who have had guardians  appointed  for  them  and  who
    19  would  otherwise be prohibited from purchasing or possessing firearms as
    20  a result of transmission of information pursuant to subparagraph (i)  of
    21  this  paragraph. Such rules shall require submission of a recent psychi-
    22  atric evaluation of the  petitioner  for  such  relief  by  a  qualified

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06625-01-1

        A. 3419                             2

     1  psychiatrist,  unless the petitioner submits evidence demonstrating that
     2  the original disqualification was issued in error.
     3    §  2.  Subdivision  (j)  of section 7.09 of the mental hygiene law, as
     4  amended by chapter 1 of the laws of 2013, is amended to read as follows:
     5    (j) (1) The commissioner, in cooperation with other  applicable  state
     6  agencies,  shall  collect,  retain  or modify data or records, and shall
     7  transmit such data or records: (i) to the division of  criminal  justice
     8  services,  or  to  the criminal justice information services division of
     9  the federal bureau of investigation, for the purposes of  responding  to
    10  queries to the national instant criminal background check system regard-
    11  ing  attempts  to  purchase or otherwise take possession of firearms, as
    12  defined in 18 USC 921(a)(3), in accordance with applicable federal  laws
    13  or  regulations,  or  (ii) to the division of criminal justice services,
    14  which may re-disclose such data and records only for determining whether
    15  a license issued pursuant to section 400.00 of the penal law  should  be
    16  denied,  suspended or revoked, under subdivision eleven of such section,
    17  or for determining whether a person is no longer permitted under federal
    18  or state law to possess a firearm. Such records, which may not  be  used
    19  for  any  other purpose, shall include only names and other non-clinical
    20  identifying information of persons who have been involuntarily committed
    21  to a hospital pursuant to article nine of this chapter, or section  four
    22  hundred  two  or  subdivision  two  of section five hundred eight of the
    23  correction law, or article seven hundred thirty or section 330.20 of the
    24  criminal procedure law or sections 322.2 or 353.4 of  the  family  court
    25  act,  or  to a secure treatment facility pursuant to article ten of this
    26  chapter.
    27    (2) The commissioner shall  establish  within  the  office  of  mental
    28  health  an administrative process to permit a person who has been or may
    29  be disqualified from possessing  such  a  firearm  pursuant  to  18  USC
    30  922(4)(d) or who has been or may be disqualified from continuing to have
    31  a  license  to  carry,  possess,  repair,  or dispose of a firearm under
    32  section 400.00 of the penal law because such  person  was  involuntarily
    33  committed  or  civilly  confined to a facility under the jurisdiction of
    34  the commissioner, to petition for relief from that disability where such
    35  person's record and reputation are such that such  person  will  not  be
    36  likely  to  act  in  a  manner  dangerous to public safety and where the
    37  granting of the relief would not  be  contrary  to  public  safety.  The
    38  commissioner  shall  promulgate regulations to establish the relief from
    39  disabilities program, which  shall  include,  but  not  be  limited  to,
    40  provisions  providing  for: (i) an opportunity for a disqualified person
    41  to petition for relief in writing; (ii) submission of a recent psychiat-
    42  ric evaluation of the petitioner by a qualified psychiatrist, unless the
    43  petitioner submits evidence demonstrating that  the  original  disquali-
    44  fication  was  issued  in  error;  (iii) the authority for the agency to
    45  require that the petitioner  undergo  a  clinical  evaluation  and  risk
    46  assessment; and [(iii)] (iv) a requirement that the agency issue a deci-
    47  sion  in writing explaining the reasons for a denial or grant of relief.
    48  The denial of a petition for relief from disabilities may be reviewed de
    49  novo pursuant to the proceedings  under  article  seventy-eight  of  the
    50  civil practice law and rules.
    51    §  3.  Subdivision  (g) of section 13.09 of the mental hygiene law, as
    52  amended by chapter 1 of the laws of 2013, is amended to read as follows:
    53    (g) (1) The commissioner, in cooperation with other  applicable  state
    54  agencies,  shall  collect,  retain  or modify data or records, and shall
    55  transmit such data or records to: (i) the division of  criminal  justice
    56  services,  or  to  the criminal justice information services division of

        A. 3419                             3

     1  the federal bureau of investigation, for the purposes of  responding  to
     2  queries to the national instant criminal background check system regard-
     3  ing  attempts  to  purchase or otherwise take possession of firearms, as
     4  defined  in 18 USC 921(a)(3), in accordance with applicable federal laws
     5  or regulations, or (ii) to the division of  criminal  justice  services,
     6  for  the  purposes  of  determining whether a license issued pursuant to
     7  section 400.00 of the penal law should be denied, suspended or  revoked,
     8  under  subdivision  eleven of such section, or for determining whether a
     9  person is no longer permitted under federal or state law  to  possess  a
    10  firearm.  Such  records  shall include only names and other non-clinical
    11  identifying information of persons who have had a guardian appointed for
    12  them pursuant to any provision of state law, based  on  a  determination
    13  that as a result of marked subnormal intelligence, mental illness, inca-
    14  pacity,  condition or disease, they lack the mental capacity to contract
    15  or manage their own affairs, and persons  who  have  been  involuntarily
    16  committed  to a facility pursuant to article fifteen of this chapter, or
    17  article seven hundred thirty or section 330.20 of the criminal procedure
    18  law or sections 322.2 or 353.4 of the family court act.
    19    (2) The commissioner shall establish within the office for people with
    20  developmental disabilities an administrative process to permit a  person
    21  who  has  been  or  may  be  disqualified from possessing such a firearm
    22  pursuant to 18 USC 922(4)(d), or who has been  or  may  be  disqualified
    23  from  continuing to have a license to carry, possess, repair, or dispose
    24  of a firearm under section 400.00 of the penal law because  such  person
    25  was  involuntarily committed or civilly confined to a facility under the
    26  jurisdiction of the commissioner, to petition for relief from that disa-
    27  bility where such person's record and  reputation  are  such  that  such
    28  person  will not be likely to act in a manner dangerous to public safety
    29  and where the granting of the relief would not  be  contrary  to  public
    30  safety.  The  commissioner shall promulgate regulations to establish the
    31  relief from disabilities program, which shall include, but not be limit-
    32  ed to, provisions providing for: (i) an opportunity for  a  disqualified
    33  person  to  petition  for relief in writing; (ii) submission of a recent
    34  psychiatric evaluation of the petitioner by  a  qualified  psychiatrist,
    35  unless  the  petitioner submits evidence demonstrating that the original
    36  disqualification was issued in error; (iii) the authority for the agency
    37  to require that the petitioner undergo a clinical  evaluation  and  risk
    38  assessment; and [(iii)] (iv) a requirement that the agency issue a deci-
    39  sion  in writing explaining the reasons for a denial or grant of relief.
    40  The denial of a petition for relief from disabilities may be reviewed de
    41  novo pursuant to the proceedings  under  article  seventy-eight  of  the
    42  civil practice law and rules.
    43    §  4. This act shall take effect on the first of January next succeed-
    44  ing the date upon which it shall have become a law.