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NY S01647
Bill
Status
1/13/2025
Primary Sponsor
George Borrello
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AI Summary
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Establishes procedural protections for proceedings affecting Second Amendment rights, including requiring clear and convincing evidence as the burden of proof, providing a right to counsel (including assigned counsel for those who cannot afford it), and allowing individuals to examine their firearm license records
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Requires written notification to individuals reported to law enforcement databases that could affect firearm rights, including retroactive notification within 90 days to all previously reported individuals, with a process to challenge incorrect reports
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Imposes a civil fine of up to $10,000 for knowingly making false reports that a person was involuntarily committed, and requires the state to reimburse attorney's fees when individuals prove such reports were false
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Prohibits firearms confiscated during disqualification proceedings from being destroyed without a written court order issued after all proceedings and appeals conclude, and requires law enforcement agencies to publish annual inventories of destroyed firearms on their websites
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Expands the definition of "immediate family" for firearm transfer exemptions to include parents and siblings (in addition to spouses, domestic partners, children, and step-children), and exempts individuals with sincere religious beliefs from providing photographs for firearm licenses if they have already submitted fingerprints
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Repeals Mental Hygiene Law section 9.46 regarding mental health reporting for firearm purposes and requires purging of all such reports one year after notifications are completed
Legislative Description
Establishes the civil rights restoration act; amends provisions regarding firearm licenses and destruction of firearms; exempts certain individuals from providing photographs in order to obtain a firearm license; expands the definition of immediate family.
Last Action
REFERRED TO CODES
1/7/2026