STATE OF NEW YORK
        ________________________________________________________________________

                                          1605

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 14, 2021
                                       ___________

        Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        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
    21  person, either (a) the National Instant Criminal Background Check System
    22  (NICS)  or  its successor has issued a "proceed" response to the federal
    23  firearms licensee, or (b) thirty calendar days shall have elapsed  since
    24  the  date  the  federal  firearms  licensee contacted NICS to initiate a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01010-01-1

        S. 1605                             2

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