A 198: Relates to establishing a voluntary waiver of the right to purchase firearms, rifles or shotguns; requires the division of state police to maintain statewide records of individuals who have waived the right to purchase firearms, rifles, or shotguns and any revocations of such waivers.

  
  STATE OF NEW YORK ________________________________________________________________________ 198 2025-2026 Regular Sessions  IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. PAULIN, DINOWITZ, SEAWRIGHT, LUPARDO, OTIS, K. BROWN, BORES, MEEKS -- read once and referred to the Committee on Governmental Operations 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 manner that shall be determined by the superintendent. Such indi- 7 vidual shall then be prohibited from purchasing firearms, rifles and 8 shotguns. The division of state police shall verify the individual's 9 identity prior to accepting such form. The individual filing the waiver 10 may provide an additional individual to be contacted if the waiver is 11 revoked 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. An individual may file a revocation of the waiver with the division 23 of state police in a form that shall be determined by the superinten- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01026-01-5 
 A. 198 2 1 dent. The division of state police shall verify the individual's identi- 2 ty prior to accepting such revocation. Twenty-one days after receiving 3 the revocation, the division of state police shall remove the individual 4 from the national instant criminal background check system and any other 5 federal or state computer-based systems used by law enforcement agencies 6 or others to identify prohibited purchasers of firearms, rifles and 7 shotguns, to indicate that the individual is no longer a prohibited 8 purchaser of firearms, rifles or shotguns due to the voluntary waiver. 9 4. A waiver pursuant to this section may not be required of an indi- 10 vidual as a condition for receiving employment, benefits or services. 11 5. No records required by this section shall be subject to disclosure 12 and shall be confidential with respect to all matters involving health 13 care, employment, education, housing, insurance, government benefits, 14 and contracting. 15 6. Any information about an individual that is contained in, or trans- 16 mitted to, the division of state police shall not be used for any 17 purpose other than to determine the eligibility of the individual to 18 receive a firearm. 19 7. Any person who knowingly makes a false statement or representation 20 regarding such person's identity when submitting a voluntary waiver of 21 the right to purchase a firearm, rifle or shotgun shall be guilty of 22 offering a false instrument for filing in the second degree, as defined 23 by section 175.30 of the penal law. 24 § 2. This act shall take effect on the ninetieth day after it shall 25 have become a law.