STATE OF NEW YORK
        ________________________________________________________________________

                                         2086--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 18, 2023
                                       ___________

        Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
          printed to be committed to the Committee on Finance -- recommitted  to
          the  Committee  on Finance in accordance with Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee

        AN  ACT to amend the executive law, in relation to establishing a volun-
          tary waiver of 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. Voluntary waiver of right to purchase  firearms,  rifles,  or
     4  shotguns.   1. An individual may file a voluntary waiver of the right to
     5  purchase a firearm, rifle or shotgun with the division of state  police,
     6  in  a  manner that shall be determined by the superintendent. Such indi-
     7  vidual shall then be prohibited from  purchasing  firearms,  rifles  and
     8  shotguns.  The  division  of  state police shall verify the individual's
     9  identity prior to accepting such form. The individual filing the  waiver
    10  may  provide  an  additional individual to be contacted if the waiver is
    11  revoked as set forth in subdivision three of this section.
    12    2. The division of state police shall maintain  statewide  records  of
    13  individuals who waive the right to purchase firearms, rifles or shotguns
    14  as  set forth in subdivision one of this section and revocations of such
    15  waivers as set forth in subdivision three of this section. Such  records
    16  shall  be  maintained  for  internal  use  in a manner determined by the
    17  superintendent. The division of state police  shall  enter  each  waiver
    18  into the national instant criminal background check system and any other
    19  federal or state computer-based systems used by law enforcement agencies
    20  or  others  to  identify  prohibited  purchasers of firearms, rifles and
    21  shotguns within twenty-four hours of receipt of the waiver.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02126-03-4

        S. 2086--A                          2

     1    3. An individual may file a revocation of the waiver with the division
     2  of state police in a form that shall be determined  by  the  superinten-
     3  dent. The division of state police shall verify the individual's identi-
     4  ty  prior to accepting such revocation.  Twenty-one days after receiving
     5  the revocation, the division of state police shall remove the individual
     6  from the national instant criminal background check system and any other
     7  federal or state computer-based systems used by law enforcement agencies
     8  or  others  to  identify  prohibited  purchasers of firearms, rifles and
     9  shotguns, to indicate that the individual  is  no  longer  a  prohibited
    10  purchaser of firearms, rifles or shotguns due to the voluntary waiver.
    11    4.  A  waiver pursuant to this section may not be required of an indi-
    12  vidual as a condition for receiving employment, benefits or services.
    13    5. No records required by this section shall be subject to  disclosure
    14  and  shall  be confidential with respect to all matters involving health
    15  care, employment, education, housing,  insurance,  government  benefits,
    16  and contracting.
    17    6. Any information about an individual that is contained in, or trans-
    18  mitted  to,  the  division  of  state  police  shall not be used for any
    19  purpose other than to determine the eligibility  of  the  individual  to
    20  receive a firearm.
    21    7.  Any person who knowingly makes a false statement or representation
    22  regarding his or her identity when submitting a voluntary waiver of  the
    23  right  to purchase a firearm, rifle or shotgun shall be guilty of offer-
    24  ing a false instrument for filing in the second degree,  as  defined  by
    25  section 175.30 of the penal law.
    26    §  2.  This  act shall take effect on the ninetieth day after it shall
    27  have become a law.