Bill Text: NY S05919 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to establishing the civil rights restoration act; amends provisions regarding firearm licenses and destruction of firearms; exempts certain individuals from providing photographs in order to obtain a firearm license; expands the definition of immediate family.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S05919 Detail]
Download: New_York-2023-S05919-Introduced.html
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. LBD08392-01-3S. 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 orS. 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 [and22any weapons owned or possessed by such individual shall be removed23consistent with the provisions of subdivision eleven of section 400.0024of 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 thisS. 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 disclosure24of 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.
