S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1748
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2015
                                      ___________
       Introduced  by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. COLTON,
         ORTIZ, SCARBOROUGH, WRIGHT -- 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 HIS OR HER FIREARMS AS DEFINED IN  SUBDI-
    7  VISION 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  HIMSELF OR HERSELF OR OTHERS. HOWEVER, A JUDGE OF THE LOCAL JURISDICTION
   14  MAY ORDER AN EARLY RETURN OF THE FIREARMS IF HE OR SHE  DETERMINES  THAT
   15  IT WOULD BE APPROPRIATE TO DO SO.
   16    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06179-01-5