STATE OF NEW YORK
        ________________________________________________________________________

                                          5919

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 22, 2023
                                       ___________

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

        AN ACT to amend the civil rights law, in relation  to  establishing  the
          civil  rights  restoration act; to amend the penal law, in relation to
          medical and/or clinical records and reporting for purposes of  firearm
          licenses,  in  relation to the destruction of firearms, in relation to
          registration of sellers of ammunition, and in  relation  to  exempting
          certain  individuals  from  having to provide a photograph for firearm
          licensing purposes; to amend the general business law, in relation  to
          expanding  the  definition  of  immediate  family; to amend the mental
          hygiene law, in relation to reporting; to repeal certain provisions of
          the penal law relating to firearms licenses and sellers of ammunition;
          and to repeal certain provisions of the mental  hygiene  law  and  the
          executive  law, relating to reporting of substantial risk or threat of
          harm by mental health professionals

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

     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "civil rights restoration act".
     3    § 2. The civil rights law is amended by adding a new section  79-r  to
     4  read as follows:
     5    § 79-r. Civil rights restoration. 1. In any proceeding that may impact
     6  an  individual's  rights under the second amendment of the United States
     7  constitution, or any similar state  right,  including  such  proceedings
     8  that  could  result  in  the  loss  of  a  license to carry or possess a
     9  firearm:
    10    (a) No court order shall be issued nor proceeding be commenced  unless
    11  all pleadings or other accusatory instruments have been filed and served
    12  in  conformity  with article thirty of the civil practice law and rules,
    13  and where such pleading includes an allegation that the  individual  has
    14  been  "involuntarily  committed  to a mental institution," such pleading

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08392-01-3

        S. 5919                             2

     1  shall include an allegation as to the said court order date  and  juris-
     2  diction;
     3    (b) The burden of proof in such proceeding shall be no less than clear
     4  and convincing evidence;
     5    (c)  Individuals may examine the entire contents of his or her firearm
     6  license records  constructed  by  state  and  local  licensing  and  law
     7  enforcement authorities;
     8    (d) There shall be a right to counsel, including the right to assigned
     9  counsel, if counsel cannot be afforded; and
    10    (e)  Any  firearms confiscated and/or surrendered into law enforcement
    11  evidence status during such proceeding shall not  be  destroyed,  unless
    12  specifically  directed  through  a written order by a court of competent
    13  jurisdiction at  the  conclusion  of  all  disqualification  proceedings
    14  relating to the individual, including any appeals undertaken.
    15    2.  (a)  There  shall  be  contemporaneous written notification to all
    16  individuals being reported to any law enforcement  database  that  could
    17  result  in  the  deprivation of rights to own, possess, or use a firearm
    18  and/or the deprivation of a lawfully owned firearm, including,  but  not
    19  limited  to, reports under former section 9.46 of the mental hygiene law
    20  and under 18 USC § 922(g).
    21    (b) There shall be written notification transmitted within ninety days
    22  of the effective date of this  section  to  all  individuals  previously
    23  reported  into  any  law  enforcement  database that could result in the
    24  deprivation of rights to own, possess,  or  use  a  firearm  and/or  the
    25  deprivation  of a lawfully owned firearm, including, but not limited to,
    26  the databases maintained by the office of mental health, the division of
    27  criminal justice services, and the division of state police in  conjunc-
    28  tion  with  reports  made  under  the  former section 9.46 of the mental
    29  hygiene law and/or under 18 USC  §  922(g)(4),  and  that  such  written
    30  notification  shall  include notice that the individual may have a right
    31  to commence a proceeding in either the New York state supreme  court  or
    32  county  court  under article seventy-eight of the civil practice law and
    33  rules if he or she believes that the information  contained  within  the
    34  notification is in error.
    35    (c)  Any  individual,  business, or governmental official who, knowing
    36  the information reported, conveyed or circulated to  be  false,  reports
    37  that  a  person  has been involuntarily committed, shall be subject to a
    38  civil fine of not more than ten thousand dollars per offense.
    39    (d) In any proceeding where an individual establishes  that  a  report
    40  that  he or she was involuntarily committed was false, reasonable attor-
    41  ney's fees and costs shall be reimbursed by the state.
    42    (e) The state shall correct any false or incorrect report  against  an
    43  individual  to state and federal databases, including those under 18 USC
    44  §922(g), within seven days of entry and service  upon  the  state  of  a
    45  final order of disposition in a case. The failure of the state to timely
    46  do so shall be punishable as a contempt of court.
    47    (f)  Notwithstanding  any  law, rule or regulation to the contrary, an
    48  individual's medical and/or clinical  records  shall  not  be  used  for
    49  routine  law  enforcement reporting purposes relative to firearms owner-
    50  ship, use, possession, or suitability.
    51    § 3. Section 400.02 of the penal law, as amended by chapter 371 of the
    52  laws of 2022, is amended to read as follows:
    53  § 400.02 Statewide license and record database.
    54    1. There shall be a statewide license and record database which  shall
    55  be  created  and  maintained by the division of state police the cost of
    56  which shall not be borne  by  any  municipality.  Records  assembled  or

        S. 5919                             3

     1  collected  for  purposes  of  inclusion  in  such  database shall not be
     2  subject to disclosure pursuant to article six  of  the  public  officers
     3  law,  excepting any non-identifying records such as existing statistical
     4  tabulations or those capable of being performed or such record responses
     5  as  can  be  reasonably satisfied through redacted response. All records
     6  containing granted license applications from all  licensing  authorities
     7  shall be monthly checked by the division of criminal justice services in
     8  conjunction   with   the  division  of  state  police  against  criminal
     9  conviction, criminal indictment, mental health, extreme risk  protection
    10  orders,  orders of protection, and all other records as are necessary to
    11  determine their continued accuracy as well as whether an  individual  is
    12  no  longer  a  valid  license  holder.  The division of criminal justice
    13  services shall also check pending applications  made  pursuant  to  this
    14  article  against  such  records  to  determine  whether a license may be
    15  granted. All state and local agencies shall cooperate with the  division
    16  of  criminal justice services, as otherwise authorized by law, in making
    17  their records available  for  such  checks.  The  division  of  criminal
    18  justice  services,  upon determining that an individual is ineligible to
    19  possess a license, or is no longer a valid license holder, shall  notify
    20  the applicable licensing official of such determination and such licens-
    21  ing official shall not issue a license or shall revoke such license [and
    22  any  weapons  owned  or  possessed  by  such individual shall be removed
    23  consistent with the provisions of subdivision eleven of  section  400.00
    24  of  this  article]. Local and state law enforcement shall have access to
    25  such database in the performance of their duties. Records  assembled  or
    26  collected  for purposes of inclusion in the database established by this
    27  section shall be released pursuant to a court order.
    28    2. There shall be a statewide license and record database specific for
    29  ammunition sales which shall be created and maintained by  the  division
    30  of state police the cost of which shall not be borne by any municipality
    31  no  later than thirty days upon designating the division of state police
    32  as the point of contact to perform both  firearm  and  ammunition  back-
    33  ground  checks  under  federal  and  state  law.  Records  assembled  or
    34  collected for purposes of  inclusion  in  such  database  shall  not  be
    35  subject  to  disclosure  pursuant  to article six of the public officers
    36  law, excepting any  non-identifying records such as existing statistical
    37  tabulations or those capable of being performed or such record responses
    38  as can be reasonably satisfied through redacted  response.  All  records
    39  containing  granted  license applications from all licensing authorities
    40  shall be monthly checked by the division of criminal justice services in
    41  conjunction  with  the  division  of  state  police   against   criminal
    42  conviction, criminal indictments, mental health, extreme risk protection
    43  orders,  orders of protection, and all other records as are necessary to
    44  determine their continued accuracy as well as whether an  individual  is
    45  no  longer  a  valid  license  holder.  The division of criminal justice
    46  services shall also check pending applications  made  pursuant  to  this
    47  article  against  such  records  to  determine  whether a license may be
    48  granted. All state and local agencies shall cooperate with the  division
    49  of  criminal justice services, as otherwise authorized by law, in making
    50  their records available for such checks. No later than thirty days after
    51  the superintendent of the state  police  certifies  that  the  statewide
    52  license and record database established pursuant to this section and the
    53  statewide  license  and record database established for ammunition sales
    54  are operational for the purposes of this section, a dealer  in  firearms
    55  licensed pursuant to section 400.00 of this article, a seller of ammuni-
    56  tion  as  defined  in  subdivision twenty-four of section 265.00 of this

        S. 5919                             4

     1  chapter shall not transfer any ammunition to any other person who is not
     2  a dealer in firearms as defined in  subdivision  nine  of  such  section
     3  265.00  or  a seller of ammunition as defined in subdivision twenty-four
     4  of section 265.00 of this chapter, unless:
     5    (a)  before  the  completion  of  the transfer, the licensee or seller
     6  contacts the statewide license and  record  database  and  provides  the
     7  database  with  information sufficient to identify such dealer or seller
     8  transferee based on information on the transferee's identification docu-
     9  ment as defined in paragraph (c) of this subdivision,  as  well  as  the
    10  amount,  caliber, manufacturer's name and serial number, if any, of such
    11  ammunition;
    12    (b) the licensee or seller is provided with  a  unique  identification
    13  number; and
    14    (c)  the  transferor  has  verified  the identity of the transferee by
    15  examining a valid state identification document of the transferee issued
    16  by the department of motor vehicles or if the transferee is not a  resi-
    17  dent of the state of New York, a valid identification document issued by
    18  the  transferee's  state or country of residence containing a photograph
    19  of the transferee.
    20    § 4. Paragraph (b) of subdivision 11 of section 400.00  of  the  penal
    21  law is REPEALED.
    22    § 5. Section 400.05 of the penal law is amended by adding a new subdi-
    23  vision 7 to read as follows:
    24    7. Whenever any machine-gun or firearm is destroyed pursuant to subdi-
    25  vision two of this section, all state and local law enforcement agencies
    26  shall  publish  on  their  website,  on an annual basis, an inventory of
    27  every machine-gun or firearm that is destroyed, including  the  caliber,
    28  make,  model,  manufacturer's name, serial number, or if none, any other
    29  distinguishing number or  identification  mark  of  the  machine-gun  or
    30  firearm, and if applicable, the jurisdiction and date of the court order
    31  directing  the  surrender  and/or  destruction  of  such  machine-gun or
    32  firearm.
    33    § 6. Paragraphs (c) of subdivisions 11 and 16-a and paragraph  (b)  of
    34  subdivision 10 of section 400.00 of the penal law are REPEALED.
    35    §  7.  Subdivision  1  of  section 898 of the general business law, as
    36  amended by chapter 129 of the laws  of  2019,  is  amended  to  read  as
    37  follows:
    38    1. In addition to any other requirements pursuant to state and federal
    39  law,  all  sales, exchanges or disposals of firearms, rifles or shotguns
    40  shall be conducted in accordance with this  section  unless  such  sale,
    41  exchange  or  disposal  is  conducted  by  a licensed importer, licensed
    42  manufacturer or licensed dealer, as those terms are defined in 18 USC  §
    43  922,  when such sale, exchange or disposal is conducted pursuant to that
    44  person's federal firearms license or such sale, exchange or disposal  is
    45  between  members  of  an  immediate  family.  When  a  sale, exchange or
    46  disposal is conducted pursuant to a person's federal  firearms  license,
    47  before  delivering a firearm, rifle or shotgun to any person, either (a)
    48  the National Instant Criminal Background  Check  System  (NICS)  or  its
    49  successor has issued a "proceed" response to the federal firearms licen-
    50  see,  or  (b) thirty calendar days shall have elapsed since the date the
    51  federal firearms licensee contacted NICS to initiate a national  instant
    52  criminal background check and NICS has not notified the federal firearms
    53  licensee  that  the  transfer  of  the firearm, rifle or shotgun to such
    54  person should be denied. For purposes of this section, "immediate  fami-
    55  ly"  shall  mean spouses, domestic partners, parents, brothers, sisters,
    56  children and step-children.

        S. 5919                             5

     1    § 8. Subdivision 17 of section 400.00 of the penal law  is  renumbered
     2  subdivision 20 and a new subdivision 17 is added to read as follows:
     3    17.  Applicants  who  have a genuine and sincere religious belief, who
     4  have provided fingerprints  pursuant  to  this  section,  shall  not  be
     5  required  to  provide  photographs  of  themselves  in order to obtain a
     6  license as required by this section.
     7    § 9. Section 400.03 of the penal law is REPEALED.
     8    § 10. Subdivision 16-a of section 400.00 of the penal law  is  amended
     9  by adding a new paragraph (c) to read as follows:
    10    (c) The division of state police shall not require the registration of
    11  a seller of ammunition, as defined in subdivision twenty-four of section
    12  265.00  of this chapter, in order for such seller of ammunition to oper-
    13  ate his or her business.
    14    § 11. Section 9.46 of the mental hygiene law is REPEALED.
    15    § 12. Subdivision 19 of section 837 of the executive law is REPEALED.
    16    § 13. Paragraph 12 of subdivision (c) of section 33.13 of  the  mental
    17  hygiene  law, as amended by chapter 1 of the laws of 2013, is amended to
    18  read as follows:
    19    12. to a director of community services as defined in article nine  of
    20  this  chapter or his or her designee, provided that such director or his
    21  or her designee [(i)] requests such information in the exercise  of  his
    22  or  her statutory functions, powers and duties pursuant to section 9.37,
    23  9.45, 9.47, 9.48, 9.60 or 41.13 of this chapter[; or (ii) the disclosure
    24  of information is required pursuant to section 9.46 of this chapter].
    25    § 14. One year after the completion of transmission of notification of
    26  all individuals pursuant to paragraph (b) of subdivision two of  section
    27  79-r  of  the civil rights law, as added by section two of this act, all
    28  offices and agencies in use or possession of reports required under  the
    29  former  section  9.46  of  the  mental  hygiene law shall purge all such
    30  information.
    31    § 15. Severability. If any provision of this act, or  the  application
    32  thereof to any person or circumstance, shall be adjudged by any court of
    33  competent  jurisdiction to be invalid or unconstitutional, such judgment
    34  shall not affect, impair or invalidate the remainder thereof, but  shall
    35  be  confined  in  its  operation to the provision of this act, or in its
    36  application to the person or  circumstance,  directly  involved  in  the
    37  controversy in which such judgment shall have been rendered.
    38    § 16. This act shall take effect immediately.