New York A 396 - Temporary Surrender of Firearms

New York A 396

by Asms. Kevin Cahill (D), William Colton (D), Felix Ortiz (D)

LEAP Forward Position: Support


7. (a) 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, shall be required to surrender his or her firearms as defined in subdivision three of section 265.00 of this chapter, to the police.
(b) There shall be 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 psychiatric examiner has determined whether the person is a threat to himself or herself or others. However, a judge of the local jurisdiction may order an early return of the firearms if he or she determines that it would be appropriate to do so.