S 4790: Requires a purchaser of any firearm, rifle or shotgun to submit to a mental health evaluation and provide the seller with such purchaser's approval to purchase such firearm.

  
  STATE OF NEW YORK ________________________________________________________________________ 4790 2025-2026 Regular Sessions  IN SENATE February 12, 2025 ___________ Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the general business law, the mental hygiene law and the penal law, in relation to requiring a mental health evaluation prior to the purchase of any firearm, rifle or shotgun The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 897 of the general business law is amended by 2 adding a new subdivision 1-a to read as follows: 3 1-a. Before any sale, exchange, or disposal pursuant to this article, 4 a purchaser of any firearm, rifle or shotgun shall submit to a mental 5 health evaluation and provide the seller with proof of such purchaser's 6 approval to purchase such firearm, rifle or shotgun pursuant to subdivi- 7 sion (n) of section 7.09 of the mental hygiene law. 8 § 2. Subdivision 1 of section 898 of the general business law, as 9 amended by chapter 129 of the laws of 2019, is amended and a new subdi- 10 vision 2-a is added to read as follows: 11 1. In addition to any other requirements pursuant to state and federal 12 law, all sales, exchanges or disposals of firearms, rifles or shotguns 13 shall be conducted in accordance with this section unless such sale, 14 exchange or disposal is conducted by a licensed importer[,] or licensed 15 manufacturer [or licensed dealer], as those terms are defined in 18 USC 16 § 922, when such sale, exchange or disposal is conducted pursuant to 17 that person's federal firearms license [or such sale, exchange or 18 disposal is between members of an immediate family]. When a sale, 19 exchange or disposal is conducted pursuant to a person's federal 20 firearms license, before delivering a firearm, rifle or shotgun to any 21 person, either (a) the National Instant Criminal Background Check System 22 (NICS) or its successor has issued a "proceed" response to the federal 23 firearms licensee, or (b) thirty calendar days shall have elapsed since 24 the date the federal firearms licensee contacted NICS to initiate a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06336-01-5 
 S. 4790 2 1 national instant criminal background check and NICS has not notified the 2 federal firearms licensee that the transfer of the firearm, rifle or 3 shotgun to such person should be denied. [For purposes of this section, 4 "immediate family" shall mean spouses, domestic partners, children and 5 step-children.] 6 2-a. Before any sale, exchange, or disposal pursuant to this article, 7 a purchaser of any firearm, rifle or shotgun shall submit to a mental 8 health evaluation and provide the seller with proof of such purchaser's 9 approval to purchase such firearm, rifle or shotgun pursuant to subdivi- 10 sion (n) of section 7.09 of the mental hygiene law. 11 § 3. Section 7.09 of the mental hygiene law is amended by adding a new 12 subdivision (n) to read as follows: 13 (n) The commissioner shall establish within the office of mental 14 health an administrative process for the mental health evaluation of any 15 individual prior to such individual's purchase of any firearm, rifle or 16 shotgun. The commissioner shall promulgate regulations to establish the 17 mental health evaluation process, which shall include, but not be limit- 18 ed to, provisions relating to: (1) the mental health professionals 19 approved to perform such evaluation, (2) the process for evaluation by 20 such mental health professionals and (3) the development of a standard- 21 ized form to be used by the mental health professional performing such 22 evaluation to approve or deny an individual for purchase of a firearm, 23 rifle or shotgun. The denial of an individual for purchase of any 24 firearm, rifle or shotgun may be reviewed de novo pursuant to the 25 proceedings under article seventy-eight of the civil practice law and 26 rules. 27 § 4. Subdivision 3 of section 265.17 of the penal law, as amended by 28 chapter 236 of the laws of 2021, is amended and a new subdivision 4 is 29 added to read as follows: 30 3. Knowing that another person is prohibited by law from possessing a 31 firearm, rifle or shotgun because of a prior conviction or because of 32 some other disability which would render [him or her] such other person 33 ineligible to lawfully possess a firearm, rifle or shotgun in this 34 state, or knowing that another person is the subject of an outstanding 35 warrant of arrest issued upon the alleged commission of a felony or 36 serious offense, a person disposes of a firearm, rifle or shotgun to 37 such other person[.]; or 38 4. Knowing that a mental health evaluation is required pursuant to 39 subdivision (n) of section 7.09 of the mental hygiene law, such person 40 either purchases or disposes of a firearm, rifle or shotgun without such 41 mental health evaluation approval for purchase. 42 § 5. This act shall take effect on the one hundred eightieth day after 43 it shall have become a law. Effective immediately, the addition, amend- 44 ment and/or repeal of any rule or regulation necessary for the implemen- 45 tation of this act on its effective date are authorized to be made and 46 completed on or before such date.