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STATE OF NEW YORK
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3081

2011-2012 Regular Sessions

IN ASSEMBLY

January 24, 2011
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Introduced  by M. of A. LUPARDO, LENTOL, GOTTFRIED -- Multi-Sponsored by
  -- M. of A. TOWNS -- read once and referred to the Committee on Codes

AN ACT to amend the penal law,  the  criminal  procedure  law,  and  the
  mental  hygiene  law,  in  relation to authorizing court to revoke the
  firearms license and seize weapons of certain individuals

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Subparagraph  (f)  of  paragraph  1 of subdivision a of
section 265.20 of the penal law, as amended by chapter 578 of  the  laws
of 2006, is amended to read as follows:
  (f)  A  person  [voluntarily]  surrendering  OR  OTHERWISE VOLUNTARILY
DELIVERING such weapon, instrument,  appliance  or  substance,  provided
that  such surrender shall be made to the superintendent of the division
of state police or a member thereof designated by  such  superintendent,
or  to the sheriff of the county in which such person resides, or in the
county of Nassau or in the towns  of  Babylon,  Brookhaven,  Huntington,
Islip  and  Smithtown  in  the  county of Suffolk to the commissioner of
police or a member of the police department thereof designated  by  such
commissioner,  or  if such person resides in a city, town other than one
named in this subparagraph, or village to  the  police  commissioner  or
head  of  the  police  force or department thereof or to a member of the
force or  department  designated  by  such  commissioner  or  head;  and
provided,  further, that the same shall be surrendered by such person in
accordance with such terms and conditions as may be established by  such
superintendent,  sheriff,  police  force  or department. Nothing in this
paragraph shall be construed as granting immunity from  prosecution  for
any crime or offense except that of unlawful possession of such weapons,
instruments,  appliances or substances surrendered as herein provided. A
person who possesses any such weapon, instrument, appliance or substance
as an executor or administrator or any other lawful  possessor  of  such
property of a decedent may continue to possess such property for a peri-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03287-01-1
A. 3081                             2

od  not  over fifteen days. If such property is not lawfully disposed of
within such period the possessor shall  deliver  it  to  an  appropriate
official  described  in this paragraph or such property may be delivered
to  the  superintendent  of state police. Such officer shall hold it and
shall thereafter deliver it on the written  request  of  such  executor,
administrator  or  other  lawful  possessor  of such property to a named
person, provided such named  person  is  licensed  to  or  is  otherwise
lawfully  permitted  to  possess  the same. If no request to deliver the
property is received by such official within one year of the delivery of
such property, such official shall dispose of it in accordance with  the
provisions of section 400.05 of this chapter.
  S  2.  Subdivision 6 of section 400.05 of the penal law, as amended by
chapter 578 of the laws of 2006, is amended to read as follows:
  6. A firearm or other weapon which is surrendered AS REQUIRED BY COURT
ORDER, or is otherwise voluntarily delivered pursuant to section  265.20
of  this  chapter and which has not been declared a nuisance pursuant to
subdivision one of this section, shall be retained by  the  official  to
whom  it was delivered for a period not to exceed one year. Prior to the
expiration of such time period, a person who surrenders a firearm  shall
have  the right to arrange for the sale, or transfer, of such firearm to
a dealer in firearms licensed in accordance with this chapter or for the
transfer of such firearm to himself or herself provided that  a  license
therefor  has  been issued in accordance with this chapter. If no lawful
disposition of the firearm or other  weapon  is  made  within  the  time
provided,  the  firearm or weapon concerned shall be declared a nuisance
and shall be disposed of in  accordance  with  the  provisions  of  this
section.
  S 3. Section 330.20 of the criminal procedure law is amended by adding
a new subdivision 2-a to read as follows:
  2-A.  FIREARM,  RIFLE  OR  SHOTGUN  SURRENDER  ORDER.  UPON ENTRY OF A
VERDICT OF NOT RESPONSIBLE BY REASON OF MENTAL  DISEASE  OR  DEFECT,  OR
UPON  THE  ACCEPTANCE  OF  A PLEA OF NOT RESPONSIBLE BY REASON OF MENTAL
DISEASE OR DEFECT,  THE  COURT  SHALL  REVOKE  THE  DEFENDANT'S  FIREARM
LICENSE,  IF  ANY,  INQUIRE  OF  THE  DEFENDANT  AS TO THE EXISTENCE AND
LOCATION OF ANY FIREARM, RIFLE OR SHOTGUN OWNED  OR  POSSESSED  BY  SUCH
DEFENDANT  AND  DIRECT  THE  SURRENDER OF SUCH FIREARM, RIFLE OR SHOTGUN
PURSUANT TO SUBPARAGRAPH (F)  OF  PARAGRAPH  ONE  OF  SUBDIVISION  A  OF
SECTION 265.20 OF THE PENAL LAW.
  S  4.  The  criminal  procedure law is amended by adding a new section
730.55 to read as follows:
S 730.55 FIREARM, RIFLE OR SHOTGUN SURRENDER ORDER.
  WHENEVER A LOCAL CRIMINAL COURT OR  A  SUPERIOR  COURT  FINDS  THAT  A
DEFENDANT IS AN INCAPACITATED PERSON, THE COURT SHALL REVOKE THE DEFEND-
ANT'S FIREARM LICENSE, IF ANY, INQUIRE OF THE DEFENDANT AS TO THE EXIST-
ENCE AND LOCATION OF ANY FIREARM, RIFLE OR SHOTGUN OWNED OR POSSESSED BY
SUCH  DEFENDANT AND DIRECT THE SURRENDER OF SUCH FIREARM, RIFLE OR SHOT-
GUN PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF  SUBDIVISION  A  OF
SECTION 265.20 OF THE PENAL LAW.
  S 5. The mental hygiene law is amended by adding a new section 9.36 to
read as follows:
S  9.36  ISSUANCE OF COURT ORDER AUTHORIZING INVOLUNTARY CARE AND TREAT-
         MENT UNDER THIS ARTICLE.
  IN ISSUING ANY ORDER OR DETERMINATION UNDER THIS ARTICLE THAT A PERSON
IS IN NEED OF INVOLUNTARY CARE AND TREATMENT OR THAT THERE IS A NEED FOR
RETENTION OF SUCH PERSON, THE COURT SHALL REVOKE SUCH  PERSON'S  FIREARM
LICENSE,  IF ANY, INQUIRE OF THE PERSON AS TO THE EXISTENCE AND LOCATION
A. 3081                             3

OF ANY FIREARM, RIFLE OR SHOTGUN OWNED OR POSSESSED BY SUCH  PERSON  AND
DIRECT  THE  SURRENDER  OF  SUCH  FIREARM,  RIFLE OR SHOTGUN PURSUANT TO
SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20  OF
THE PENAL LAW.
  S  6.  Paragraph  2  of  subdivision (j) of section 9.60 of the mental
hygiene law, as amended by chapter 158 of the laws of 2005,  is  amended
to read as follows:
  (2)  If  after hearing all relevant evidence, the court finds by clear
and convincing evidence that the  subject  of  the  petition  meets  the
criteria  for assisted outpatient treatment, and there is no appropriate
and feasible less restrictive  alternative,  the  court  may  order  the
subject  to  receive assisted outpatient treatment for an initial period
not to exceed six months. In  fashioning  the  order,  the  court  shall
specifically  make  findings  by  clear and convincing evidence that the
proposed treatment is the least restrictive  treatment  appropriate  and
feasible  for  the subject. The order shall state an assisted outpatient
treatment plan, which shall include all categories  of  assisted  outpa-
tient  treatment,  as  set  forth in paragraph one of subdivision (a) of
this section, which the assisted outpatient is to receive, but shall not
include any such category that has not  been  recommended  in  both  the
proposed  written treatment plan and the testimony provided to the court
pursuant to subdivision (i) of this section.    SUCH  ORDER  SHALL  ALSO
STATE  THAT THE SUBJECT'S FIREARMS LICENSE, IF ANY, IS REVOKED. FURTHER,
THE COURT SHALL INQUIRE OF THE SUBJECT AS TO THE EXISTENCE AND  LOCATION
OF  ANY  FIREARM, RIFLE OR SHOTGUN OWNED OR POSSESSED BY SUCH PERSON AND
DIRECT THE SURRENDER OF SUCH  FIREARM,  RIFLE  OR  SHOTGUN  PURSUANT  TO
SUBPARAGRAPH  (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 OF
THE PENAL LAW.
  S 7. The mental hygiene law is amended by adding a new  section  15.36
to read as follows:
S 15.36 ISSUANCE  OF COURT ORDER AUTHORIZING INVOLUNTARY CARE AND TREAT-
          MENT UNDER THIS ARTICLE.
  IN ISSUING ANY ORDER OR DETERMINATION UNDER THIS ARTICLE THAT A PERSON
IS IN NEED OF INVOLUNTARY CARE AND TREATMENT OR THAT THERE IS A NEED FOR
RETENTION OF SUCH PERSON, THE COURT SHALL REVOKE SUCH  PERSON'S  FIREARM
LICENSE,  IF ANY, INQUIRE OF THE PERSON AS TO THE EXISTENCE AND LOCATION
OF ANY FIREARM, RIFLE OR SHOTGUN OWNED OR POSSESSED BY SUCH  PERSON  AND
DIRECT  THE  SURRENDER  OF  SUCH  FIREARM,  RIFLE OR SHOTGUN PURSUANT TO
SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20  OF
THE PENAL LAW.
  S  8.  Section  29.03  of the mental hygiene law is amended to read as
follows:
S 29.03 Effect of court order authorizing retention of a patient.
  No order or determination under this article that a person is in  need
of  involuntary  care and treatment or that there was need for retention
of such person shall be construed or deemed to  be  a  determination  or
finding  that  such  person  is  incompetent  or is unable adequately to
conduct his OR HER personal or business affairs; PROVIDED, HOWEVER, THAT
THE EXISTENCE OF SUCH AN ORDER OR DETERMINATION SHALL MAKE  SUCH  PERSON
INELIGIBLE  FOR  A  FIREARMS  LICENSE  PURSUANT TO SECTION 400.00 OF THE
PENAL LAW AND SHALL MAKE SUCH PERSON INELIGIBLE TO  PURCHASE  A  FIREARM
PURSUANT TO 18 USC 922.
  S 9. Severability. If any clause, sentence, paragraph, section or part
of  this act shall be adjudged by any court of competent jurisdiction to
be invalid and after exhaustion of  all  further  judicial  review,  the
judgment  shall  not affect, impair or invalidate the remainder thereof,
A. 3081                             4

but shall be confined in its operation to the  clause,  sentence,  para-
graph,  section or part of this act directly involved in the controversy
in which the judgment shall have been rendered.
  S  10.  This act shall take effect on the ninetieth day after it shall
have become a law, provided that the amendments to paragraph 2 of subdi-
vision (j) of section 9.60 of the mental hygiene law made by section six
of this act shall not affect the repeal of such  section  and  shall  be
deemed repealed therewith.