S T A T E O F N E W Y O R K ________________________________________________________________________ 7712 2013-2014 Regular Sessions I N A S S E M B L Y May 31, 2013 ___________ Introduced by M. of A. CROUCH -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to revocation and suspension of licenses to carry, possess, repair and dispose of firearms THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraphs (b) and (c) of subdivision 11 of section 400.00 2 of the penal law, as added by chapter 1 of the laws of 2013, are amended 3 to read as follows: 4 (b) Whenever the director of community services or his or her designee 5 makes a report pursuant to section 9.46 of the mental hygiene law, the 6 division of criminal justice services shall convey such information, 7 whenever it determines that the person named in the report possesses a 8 license issued pursuant to this section, to the appropriate licensing 9 [official] OFFICER, who shall CONDUCT A HEARING ON THE ISSUE AND IF SUCH 10 OFFICIAL DETERMINES THAT SUCH PERSON IS A DANGER TO HIMSELF OR TO 11 OTHERS, SUCH LICENSING OFFICER SHALL issue an order suspending or revok- 12 ing such license. 13 (c) In any instance in which a person's license is suspended or 14 revoked under paragraph (a) or (b) of this subdivision, such person 15 shall surrender such license to the appropriate licensing [official] 16 OFFICER and any and all firearms, rifles, or shotguns owned or possessed 17 by such person shall be surrendered to an appropriate law enforcement 18 agency as provided in subparagraph (f) of paragraph one of subdivision a 19 of section 265.20 of this chapter. In the event such license, firearm, 20 shotgun, or rifle is not surrendered, such items shall be removed [and 21 declared a nuisance] and any police officer or peace officer acting 22 pursuant to his or her special duties is authorized to remove any and 23 all such weapons. 24 S 2. This act shall take effect on the same date and in the same 25 manner as section 48 of chapter 1 of the laws of 2013, takes effect. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11082-01-3