STATE OF NEW YORK ________________________________________________________________________ 145 2017-2018 Regular Sessions IN ASSEMBLY (Prefiled) January 4, 2017 ___________ Introduced by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. COLTON, ORTIZ -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to the temporary surrender of firearms for public safety purposes The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 400.05 of the penal law is amended by adding a new 2 subdivision 7 to read as follows: 3 7. (a) Any person who is taken into custody by the police for the 4 purpose of a mental examination, and prior to an examination ordered 5 pursuant to article seven hundred thirty of the criminal procedure law, 6 shall be required to surrender his or her firearms as defined in subdi- 7 vision three of section 265.00 of this chapter, to the police. 8 (b) There shall be a "cooling off period" following the discharge from 9 psychiatric care during which time firearms, which came into police 10 custody during the person's pre-hospitalization intervention or during 11 hospitalization, may be kept in police custody for thirty days, or after 12 a psychiatric examiner has determined whether the person is a threat to 13 himself or herself or others. However, a judge of the local jurisdiction 14 may order an early return of the firearms if he or she determines that 15 it would be appropriate to do so. 16 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01629-01-7