STATE OF NEW YORK
        ________________________________________________________________________

                                          2086

                               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

        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 form that shall be determined by the superintendent. Such  individ-
     7  ual  shall then be prohibited from purchasing firearms, rifles and shot-
     8  guns. The division of state police shall verify the individual's identi-
     9  ty prior to accepting such form. The individual filing  the  waiver  may
    10  provide an alternate individual to be contacted if the waiver is revoked
    11  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.
    22    3.  No  sooner  than  twenty-one  days after filing a waiver under the
    23  provisions of subdivision one of this section, an individual may file  a
    24  revocation  of  the  waiver  with the division of state police in a form
    25  that shall be determined by the superintendent. The  division  of  state

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02126-01-3

        S. 2086                             2

     1  police  shall  verify  the individual's identity prior to accepting such
     2  revocation. The division of state police shall enter the  revocation  of
     3  the  waiver  into  the national instant criminal background check system
     4  and  any  other  federal  or  state  computer-based  systems used by law
     5  enforcement agencies or others  to  identify  prohibited  purchasers  of
     6  firearms, rifles and shotguns within twenty-four hours of receipt of the
     7  revocation  form, to indicate that the individual is no longer a prohib-
     8  ited purchaser of firearms, rifles or  shotguns  due  to  the  voluntary
     9  waiver.
    10    4.  A  waiver pursuant to this section may not be required of an indi-
    11  vidual as a condition for receiving employment, benefits or services.
    12    5. No records required by this section shall be subject to  disclosure
    13  and  shall  be confidential with respect to all matters involving health
    14  care, employment, education, housing,  insurance,  government  benefits,
    15  and contracting.
    16    §  2.  This  act shall take effect on the ninetieth day after it shall
    17  have become a law.