STATE OF NEW YORK
        ________________________________________________________________________

                                          5298

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 12, 2021
                                       ___________

        Introduced by M. of A. ANGELINO -- read once and referred to the Commit-
          tee 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    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09118-01-1