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Discussion Starter · #1 ·
Bills

Authorizes courts to revoke firearms license and seize the weapons of certain
individuals.
 

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How can this be constitutional? Why doesn't anyone ever fight this all the way to the supreme court so they can look and see what these handful of states are doing to its people?
 

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A year ago there were 140 yea votes and 0 nay votes on this bill. Now that's really scary. My assemblyman is VERY pro gun and he voted yes on this one too. Something's fishy with this.
 

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At least it includes due process, unlike the bills where they want to prohibit people on the terror watch list from owning guns. Not that I support it, just saying.
 

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It's really not so vague.

If the court finds you to be nuts, you lose your guns. And it provides for a procedure (or at least the beginnings of one) to be used.
 

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This was sponsored by my Democratic Assemblywoman (Lupardo), who has been fairly consistently pro-gun. She voted against all of the gun control legislation last year. Introduced some sane legislation of her own in the wake of the Binghamton shooting -- it basically said that if you are involuntarily committed you lose your firearms license. This legislation seems to be saying the same thing. It didn't get a single nay vote -- not even from the GOP'ers.

I don't think this one is worth getting worked up about. If you get involuntarily committed it's my understanding that you are disqualified from gun ownership by Federal law. No reason for NYS to let you keep a pistol license in that instance, is there?

Edit: I just read it again. I think this is the exact same legislation that my Assemblywoman introduced last year. The bill memo reads the same.

Section 3. Amends the criminal procedure law to provide that a court
shall, upon entry of a verdict or acceptance of a plea that a defendant
is not responsible by reason of mental disease or defect, revoke the
defendant's firearm license, if any, inquire about the existence and
location of a firearm, rifle or shotgun and order the surrender of such
firearm, rifle or shotgun.
Translation: If you plead 'not guilty because I'm insane' to a crime, you lose your firearms license. I don't see any big issue with this, do you?

Section 4. Amends the criminal procedure law to provide that a court
shall, upon a finding that a defendant is an incapacitated person,
revoke the defendant's firearm license, if any, inquire about the exist-
ence and location of a firearm, rifle or shotgun and order the surrender
of such firearm, rifle or shotgun.

Section 5. Amends the mental hygiene law to provide that a court shall,
upon issuing an order that a person is in need of involuntary care and
treatment, revoke that person's firearm license, if any, inquire about
the existence and location of a firearm, rifle or shotgun and order the
surrender of such firearm, rifle or shotgun.
Translation: If you get involuntarily committed by a court, you lose your firearms license. Not much to worry about here.

Section 6. Amends the mental hygiene law to provide that a court shall,
upon issuing an order that a person is in need of assisted outpatient
treatment, revoke that person's firearm license, if any, inquire about
the existence and location of a firearm, rifle or shotgun and order the
surrender of such firearm, rifle or shotgun.
This part might be questionable, because they are taking away your license for outpatient treatment, but it says "assisted outpatient treatment". I would assume this means that the court is ordering you to go. If you seek mental health treatment on your own this law shouldn't apply to you.

Section 7. Amends the mental hygiene law to provide that a court shall,
upon issuing an order that a person is in need of involuntary care and
treatment, revoke that person's firearm license, if any, inquire about
the existence and location of a firearm, rifle or shotgun and order the
surrender of such firearm, rifle or shotgun.

Section 8. Amends the mental hygiene law to provide that the effect of a
court order authorizing the involuntary care and treatment of a person
shall render such person ineligible for a firearm license under state
law and ineligible to purchase a firearm, defined as a pistol, revolver,
rifle or shotgun, under federal law.
Neither of these two clauses are new, as Federal law already prohibits the possession of firearms by those who have been involuntarily treated for mental illness.
 

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JUSTIFICATION: The law currently does not expressly empower courts to
remove firearms and revoke firearm licenses of individuals who have been
adjudicated as incapacitated or ordered to treatment or commitment to a
mental facility. The bill would provide that anyone subject to such
orders shall have an existing firearm license revoked and be ordered to
surrender all firearms, rifles or shotguns in his or her possession.
This would enable courts to further protect the public by giving them
the express authority they need to take weapons out of the hands of
individuals who, as a matter of law, have no right to possess them.
 

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Discussion Starter · #10 ·
So how do you explain section 4? what exactly defines " incapacitated person" ?
If you open the bill and read the text it says if you are an out paitent you lose your gunse and permits.
 

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If you open the bill and read the text it says if you are an out paitent you lose your gunse and permits.
No, it says if you are an ASSISTED outpatient you lose your pistol license. It's added to the mental hygiene law, section 9.60. Assisted outpatient treatment is defined as such: (emphasis mine)

"assisted outpatient treatment" shall mean categories of outpatient services which have been ordered by the court pursuant to this section.
Nothing to worry about here. If you have a mental breakdown and a court deems it necessary to order you to undergo treatment you lose your gun license. If you seek treatment on your own this law does not apply to you.
 

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Discussion Starter · #12 ·
Ah I see, thats different then. Thanks.
 

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No worries. Sometimes it's hard to tell the good laws from the bad. I knew something was up when I saw it sponsored by my pro-gun Assemblywoman and passed through the Assembly without a single 'nay' vote.

I'm sure we'll have plenty of bad bills to worry about soon enough. When that happens I'll be keeping an eye on the votes of my Assemblywoman and Senator and making sure they know where I stand. Not much else you can do.
 
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