NY A02233

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.

Introduced House Jo Simon (D)
Plain English Summary

This bill allows individuals taken into custody for a mental health examination to temporarily surrender their firearms to the police. After their discharge from psychiatric care, there is a 'cooling off period' of 30 days during which the firearms can remain with the police, or until a psychiatric examiner assesses if the person poses a threat to themselves or others. A local judge can also decide to return the firearms early if deemed appropriate.

Supporters Say

Supporters of the bill would argue that it enhances public safety by ensuring that individuals undergoing mental health evaluations do not have immediate access to firearms. They may highlight the importance of a cooling-off period to prevent potential harm and emphasize the balance between individual rights and community safety.

Critics Say

Critics of the bill might contend that it infringes on the rights of responsible gun owners by imposing unnecessary restrictions based on mental health evaluations. They may argue that the bill could lead to stigmatization of mental health issues and question the effectiveness of a 30-day cooling-off period in truly assessing threats.

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About This Analysis

This summary was generated using AI from the bill's official text and metadata. Data sourced from LegiScan and the New York State Legislature. Conflict-of-interest analysis for this bill is coming soon.