A 2233: Provides for the temporary surrender of firearms to the police by any person who is taken into custody by the police for the purpose of a mental examination and prior to an examination ordered pursuant to article seven hundred thirty of the criminal procedure law; requires a "cooling off period" following the discharge from psychiatric care during which time firearms, which came into police custody during the person's pre-hospitalization intervention or during hospitalization, may be kept in police custody for thirty days, or after a psychiatric examiner has determined whether the person is a threat to themself or others; provides that a judge of the local jurisdiction may order an early return of the firearms if such judge determines that it would be appropriate to do so.

  
  STATE OF NEW YORK ________________________________________________________________________ 2233 2025-2026 Regular Sessions  IN ASSEMBLY January 15, 2025 ___________ Introduced by M. of A. SIMON, SEAWRIGHT -- Multi-Sponsored by -- M. of A. COLTON -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to the temporary surrender of firearms for public safety purposes The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 400.05 of the penal law is amended by adding a new 2 subdivision 7 to read as follows: 3 7. (a) Any person who is taken into custody by the police for the 4 purpose of a mental examination, and prior to an examination ordered 5 pursuant to article seven hundred thirty of the criminal procedure law, 6 shall be required to surrender such person's firearms as defined in 7 subdivision three of section 265.00 of this chapter, to the police. 8 (b) There shall be a "cooling off period" following the discharge from 9 psychiatric care during which time firearms, which came into police 10 custody during the person's pre-hospitalization intervention or during 11 hospitalization, may be kept in police custody for thirty days, or after 12 a psychiatric examiner has determined whether the person is a threat to 13 themself or others. However, a judge of the local jurisdiction may order 14 an early return of the firearms if such judge determines that it would 15 be appropriate to do so. 16 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04781-01-5