BILL NUMBER: S478
SPONSOR: OBERACKER
 
TITLE OF BILL:
An act to amend the penal law, in relation to authorizing the transfer
of certain weapons from an estate to an immediate member of the
decedent's family; to amend the penal law, in relation to the filing of
approved applications for licenses to carry, possess, repair and dispose
of firearms; to amend the mental hygiene law, in relation to reports of
substantial risk or threat of harm by mental health professionals; to
amend the penal law, in relation to licenses to carry, possess, repair
and dispose of firearms; and to repeal section 400.03 of the penal law
relating to sellers of ammunition
 
PURPOSE:
The purpose of this bill is to amend the SAFE Act through a series of
reforms, providing relief for law abiding citizens against its most
onerous provisions.
 
SUMMARY OF PROVISIONS:
Section 1 repeals section 400.03 of the penal law,
Sections 2 & 3 amend the penal law to allow a person to pass certain
firearms and ammunition feeding devices to an immediate family member
upon death.
Section 4 amends the penal law to state that pistol permit applications
and the supporting records are not public records and are not subject to
FOIL, but certain statistical data is still available for release.
Sections 5, 6 & 7 amend portions of the Mental Hygiene Law Sections, as
added by chapter 1 of the laws of 2013, to require that: (1) reported
individuals are properly identified; and (2) a reported person is prop-
erly notified in writing when a report is sent to the Division of Crimi-
nal Justice Services. The notice must inform such person of his or her
right.to submit a petition for relief of disability to the NICS Appeals
Office.
Section 8 amends section 400.00 of the Penal Law to replace references
to the authority of the superintendent of NYSP with authority of DC1S;
amends subparagraph b of paragraph 10 to provide the recertification
form required to be filed, to provide clarification that the form is
directly filed with the licensing officer for comparison with existing
permit information who shall provide the permit holder with instruction
for application for any necessary amendment, and that the licensing
officer will then file such form with DCJS; and amends paragraph 16-b to
provide that any cost incurred by the licensing officer as part of the
recertification process shall be borne by the state.
Section 9 amends section 400.02 of the Penal Law to replace the NYSP
with DCJS as the division responsible for the maintenance of the state-
wide license and record database.
Section 10 contains the effective date.
 
JUSTIFICATION:
This bill contains a series of proposed reforms to the SAFE Act. As we
continue to evaluate the impact of the Safe Act upon our State's lawful
gun owners, the provisions most onerous to law abiding citizens need to
be addressed immediately. This series of proposals is a step in the
right direction towards protecting our Second Amendment rights while
ensuring public safety.
 
THIS LEGISLATION RETAINS BACKGROUND CHECKS WHICH ARE NECESSARY TO
ENSURE ONLY QUALIFIED PERSONS CAN POSSESS A L FIREARMS; CLARIFIES AGENCY
JURISDICTION; STREAMLINES FOIL PROCESS TO ENSURE NECESSARY PRIVATE
INFORMATION IS CONFIDENTIAL BUT PUBLIC INFORMATION CAN STILL BE SHARED;
AND PROVIDES DUE PROCESS PROTECTIONS FOR INDIVIDUALS.CT.
 
LEGISLATIVE HISTORY:
S.5837/A.8916 - 2015 passed senate
S.3958A/A.3421 - 2018 referred to Codes
S.3930 - 2019-2020 referred to Codes
S.538 - 2021-2022 referred to Codes S.2338 I No same as
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately; provided that: the provisions of
section four of this act shall take effect the first of November next
succeeding the date on which it shall have, become a law; and sections
five, six, and seven of this act shall take effect on the ninetieth day
after it shall have become a law.

Statutes affected:
S478: 400.03 penal law, 265.00 penal law, 265.00(22) penal law, 7.09 mental hygiene law, 13.09 mental hygiene law, 400.02 penal law