STATE OF NEW YORK
        ________________________________________________________________________

                                          5814

                               2021-2022 Regular Sessions

                    IN SENATE

                                     March 19, 2021
                                       ___________

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

        AN ACT to amend the executive law, in relation to creating  a  statewide
          registry  for  individuals  waiving  the  right  to purchase firearms,
          rifles or shotguns

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

     1    Section  1. The executive law is amended by adding a new section 221-e
     2  to read as follows:
     3    § 221-e. Right to purchase firearms, rifles, or shotguns waiver regis-
     4  try. 1. For purposes of this section, the  following  definitions  shall
     5  apply:  (a) "Waiver" means a voluntary waiver of the right to purchase a
     6  firearm, rifle, or shotgun; and
     7    (b) "Registry" means the statewide registry of  individuals  who  have
     8  waived  the  right  to  purchase firearms, rifles, or shotguns as estab-
     9  lished by this section.
    10    2. The division of state police shall develop and maintain a statewide
    11  registry of individuals who waive the right to purchase firearms, rifles
    12  or shotguns as set forth in subdivision  three  of  this  section.  Such
    13  registry  shall  be  maintained  by  the division of state police as set
    14  forth by the superintendent and shall be maintained  for  internal  use.
    15  The  division of state police shall enter each waiver into the registry,
    16  the national instant criminal background  check  system  and  any  other
    17  federal or state computer-based systems used by law enforcement agencies
    18  or  others  to  identify  prohibited  purchasers of firearms, rifles and
    19  shotguns within twenty-four hours of receipt of the waiver.
    20    3. An individual may file a voluntary waiver of the right to  purchase
    21  a firearm, rifle or shotgun with the division of state police, in a form
    22  that  shall  be  determined by the superintendent, such individual shall
    23  then be prohibited from purchasing firearms, rifles  and  shotguns.  The
    24  division  of  state  police shall request photo identification to verify

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02158-01-1

        S. 5814                             2

     1  the individual's identity prior to accepting such form.  The  individual
     2  filing  the waiver shall provide an alternate individual to be contacted
     3  if the waiver is revoked as  set  forth  in  subdivision  four  of  this
     4  section.    The  waiver  shall  be entered in the registry created under
     5  subdivision two of this section on the same day it is filed.
     6    4. No sooner than twenty-one days after filing a waiver an  individual
     7  on the registry may file a revocation of the waiver with the division of
     8  state  police  in a form that shall be determined by the superintendent.
     9  The division of state police shall request photo identification to veri-
    10  fy the individual's identity prior to accepting such waiver.  The  divi-
    11  sion  of state police shall remove such individual from the registry and
    12  shall enter the revocation of the waiver into the national instant crim-
    13  inal background check system and any other federal  or  state  computer-
    14  based  systems  used  by  law enforcement agencies or others to identify
    15  prohibited purchasers of firearms, rifles and  shotguns  within  twenty-
    16  four hours of receipt of the revocation form, to indicate that the indi-
    17  vidual  is  no longer a prohibited purchaser due to the voluntary waiver
    18  of the right to purchase firearms, rifles and shotguns.
    19    5. A waiver pursuant to this section may not be required of  an  indi-
    20  vidual as a condition for receiving employment, benefits or services.
    21    6.  No records required by this section shall be subject to disclosure
    22  and shall be confidential with respect to all matters  involving  health
    23  care,  employment,  education,  housing, insurance, government benefits,
    24  and contracting.
    25    § 2. This act shall take effect on the one hundred eightieth day after
    26  it shall have become a law.