Bill Text: NY A01905 | 2025-2026 | General Assembly | Introduced
Bill Title: Allows access to juvenile delinquency records for the purposes of a firearm background check; authorizes the denial of a firearm license for an applicant who is under the age of thirty and who as a juvenile was adjudicated delinquent for an offense which, if committed by an adult, would constitute a felony or serious offense.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2025-01-14 - referred to codes [A01905 Detail]
Download: New_York-2025-A01905-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1905 2025-2026 Regular Sessions IN ASSEMBLY January 14, 2025 ___________ Introduced by M. of A. PAULIN -- read once and referred to the Committee on Codes AN ACT to amend the family court act, the penal law and the civil prac- tice law and rules, in relation to allowing access to juvenile delin- quency records for the purposes of a firearm background check and authorizing the denial of a firearm license for an applicant who is under the age of thirty and who as a juvenile was adjudicated delin- quent for an offense which, if committed by an adult, would constitute a felony or serious offense The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 4 of section 380.1 of the family court act, as 2 amended by chapter 37 of the laws of 2016, is amended to read as 3 follows: 4 4. Notwithstanding any other provision of law, where a finding of 5 juvenile delinquency has been entered, upon request, the records 6 pertaining to such case shall be made available to the commissioner of 7 mental health or the commissioner [of] for people with developmental 8 disabilities, as appropriate; the case review panel; [and] the attorney 9 general pursuant to section 10.05 of the mental hygiene law; the 10 National Instant Criminal Background Check System in connection with a 11 background check conducted on a person under twenty-two years of age 12 pursuant to 18 U.S.C. § 922(t)(1)(C) and 34 U.S.C. § 40901(1); the divi- 13 sion of state police in connection with a background check conducted on 14 a person under thirty years of age pursuant to section two hundred twen- 15 ty-eight of the executive law; a licensing officer pursuant to an inves- 16 tigation of an applicant who is under the age of thirty for a license to 17 be issued or renewed under subdivision one of section 400.00 of the 18 penal law; and a law enforcement agency directed by a court to conduct a 19 background investigation in a proceeding under section sixty-three EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04784-01-5A. 1905 2 1 hundred forty-two of the civil practice law and rules regarding a 2 respondent in such proceeding who is under the age of thirty. 3 § 2. Section 381.2 of the family court act is amended by adding a new 4 subdivision 3 to read as follows: 5 3. Notwithstanding the provisions of subdivision one of this section, 6 a law enforcement agency directed by a court to conduct a background 7 investigation in a proceeding under section sixty-three hundred forty- 8 two of the civil practice law and rules regarding a respondent in such 9 proceeding who is under the age of thirty, may receive and consider the 10 records and information on file with the family court, unless such 11 records and information have been sealed pursuant to section 375.1 of 12 this article. 13 § 3. Subdivision 2 of section 381.3 of the family court act, as added 14 by chapter 920 of the laws of 1982 and paragraph (b) as amended by chap- 15 ter 926 of the laws of 1982, is amended to read as follows: 16 2. Notwithstanding the provisions of subdivision one of this section, 17 the family court in the county in which the petition was adjudicated 18 may, upon motion and for good cause shown, order such records open: 19 (a) to the respondent or [his] the respondent's parent or person 20 responsible for [his] the respondent's care; [or] 21 (b) if the respondent is subsequently convicted of a crime, to a judge 22 of the court in which [he] the respondent was convicted, unless such 23 record has been sealed pursuant to section 375.1 of this article ; or 24 (c) to the division of state police in connection with a background 25 check conducted on a person under thirty years of age pursuant to 26 section two hundred twenty-eight of the executive law. 27 § 4. Subdivision 1 of section 400.00 of the penal law, as separately 28 amended by chapters 371 and 669 of the laws of 2022, is amended to read 29 as follows: 30 1. Eligibility. No license shall be issued or renewed pursuant to this 31 section except by the licensing officer, and then only after investi- 32 gation and finding that all statements in a proper application for a 33 license are true. No license shall be issued or renewed except for an 34 applicant (a) twenty-one years of age or older, provided, however, that 35 where such applicant has been honorably discharged from the United 36 States army, navy, marine corps, air force or coast guard, or the 37 national guard of the state of New York, no such age restriction shall 38 apply; (b) of good moral character, which, for the purposes of this 39 article, shall mean having the essential character, temperament and 40 [judgement] judgment necessary to be entrusted with a weapon and to use 41 it only in a manner that does not endanger oneself or others; (c) who 42 has not been convicted anywhere of a felony or a serious offense or who 43 is not the subject of an outstanding warrant of arrest issued upon the 44 alleged commission of a felony or serious offense; (d) who is not an 45 applicant who is under the age of thirty and who as a juvenile was adju- 46 dicated delinquent for an offense which, if committed by an adult, would 47 constitute a felony or serious offense; (e) who is not a fugitive from 48 justice; [(e)] (f) who is not an unlawful user of or addicted to any 49 controlled substance as defined in section 21 U.S.C. 802; [(f)] (g) who 50 being a noncitizen (i) is not illegally or unlawfully in the United 51 States or (ii) has not been admitted to the United States under a nonim- 52 migrant visa subject to the exception in 18 U.S.C. 922(y)(2); [(g)] (h) 53 who has not been discharged from the Armed Forces under dishonorable 54 conditions; [(h)] (i) who, having been a citizen of the United States, 55 has not renounced [his or her] such applicant's citizenship; [(i)] (j) 56 who has stated whether [he or she] such applicant has ever suffered anyA. 1905 3 1 mental illness; [(j)] (k) who has not been involuntarily committed to a 2 facility under the jurisdiction of an office of the department of mental 3 hygiene pursuant to article nine or fifteen of the mental hygiene law, 4 article seven hundred thirty or section 330.20 of the criminal procedure 5 law or substantially similar laws of any other state, section four 6 hundred two or five hundred eight of the correction law, section 322.2 7 or 353.4 of the family court act, has not been civilly confined in a 8 secure treatment facility pursuant to article ten of the mental hygiene 9 law, or has not been the subject of a report made pursuant to section 10 9.46 of the mental hygiene law; [(k)] (l) who has not had a license 11 revoked or who is not under a suspension or ineligibility order issued 12 pursuant to the provisions of section 530.14 of the criminal procedure 13 law or section eight hundred forty-two-a of the family court act; [(l)] 14 (m) in the county of Westchester, who has successfully completed a 15 firearms safety course and test as evidenced by a certificate of 16 completion issued in [his or her] such applicant's name and endorsed and 17 affirmed under the penalties of perjury by a duly authorized instructor, 18 except that: (i) persons who are honorably discharged from the United 19 States army, navy, marine corps or coast guard, or of the national guard 20 of the state of New York, and produce evidence of official qualification 21 in firearms during the term of service are not required to have 22 completed those hours of a firearms safety course pertaining to the safe 23 use, carrying, possession, maintenance and storage of a firearm; (ii) 24 persons who were licensed to possess a pistol or revolver prior to the 25 effective date of this paragraph are not required to have completed a 26 firearms safety course and test, provided, however, persons with a 27 license issued under paragraph (f) of subdivision two of this section 28 prior to the effective date of chapter three hundred seventy-one of the 29 laws of two thousand twenty-two [which amended this paragraph] shall be 30 required to complete the training required by subdivision nineteen of 31 this section prior to the recertification of such license; and (iii) 32 persons applying for a license under paragraph (f) of subdivision two of 33 this section on or after [the effective date of the chapter of the laws34of two thousand twenty-two which amended this paragraph] July first, two 35 thousand twenty-two who shall be required to complete the training 36 required under subdivision nineteen of this section for such license; 37 [(m)] (n) who has not had a guardian appointed for [him or her] such 38 applicant pursuant to any provision of state law, based on a determi- 39 nation that as a result of marked subnormal intelligence, mental 40 illness, incompetency, incapacity, condition or disease, [he or she] 41 such applicant lacks the mental capacity to contract or manage [his or42her] such applicant's own affairs; [(n)] (o) for a license issued under 43 paragraph (f) of subdivision two of this section, that the applicant has 44 not been convicted within five years of the date of the application of 45 any of the following: (i) assault in the third degree, as defined in 46 section 120.00 of this chapter; (ii) misdemeanor driving while intoxi- 47 cated, as defined in section eleven hundred ninety-two of the vehicle 48 and traffic law; or (iii) menacing, as defined in section 120.15 of this 49 chapter; and [(o)] (p) for a license issued under paragraph (f) of 50 subdivision two of this section, the applicant shall meet in person with 51 the licensing officer for an interview and shall, in addition to any 52 other information or forms required by the license application submit to 53 the licensing officer the following information: (i) names and contact 54 information for the applicant's current spouse, or domestic partner, any 55 other adults residing in the applicant's home, including any adult chil- 56 dren of the applicant, and whether or not there are minors residing,A. 1905 4 1 full time or part time, in the applicant's home; (ii) names and contact 2 information of no less than four character references who can attest to 3 the applicant's good moral character and that such applicant has not 4 engaged in any acts, or made any statements that suggest they are likely 5 to engage in conduct that would result in harm to themselves or others; 6 (iii) certification of completion of the training required in subdivi- 7 sion nineteen of this section; (iv) a list of former and current social 8 media accounts of the applicant from the past three years to confirm the 9 information regarding the [applicants] applicant's character and conduct 10 as required in subparagraph (ii) of this paragraph; and (v) such other 11 information required by the licensing officer that is reasonably neces- 12 sary and related to the review of the licensing application. 13 § 5. Subdivision 9 of section 6342 of the civil practice law and 14 rules, as added by chapter 19 of the laws of 2019, is amended to read as 15 follows: 16 9. (a) Upon issuance of a temporary extreme risk protection order, or 17 upon setting a hearing for a final extreme risk protection order where a 18 temporary order is denied or not requested, the court shall direct the 19 law enforcement agency having jurisdiction to conduct a background 20 investigation and report to the court and, subject to any appropriate 21 redactions to protect any person, each party regarding whether the 22 respondent: 23 [(a)] (i) has any prior criminal conviction for an offense involving 24 domestic violence, use of a weapon, or other violence; 25 [(b)] (ii) has any criminal charge or violation currently pending 26 against [him or her] the respondent; 27 [(c)] (iii) is currently on parole or probation; 28 [(d)] (iv) possesses any registered firearms, rifles or shotguns; and 29 [(e)] (v) has been, or is, subject to any order of protection or has 30 violated or allegedly violated any order of protection. 31 (b) If the respondent is under the age of thirty, investigation 32 required by paragraph (a) of this subdivision shall also report to the 33 court and subject to any appropriate redactions to protect any person, 34 each party regarding whether the respondent: 35 (i) as a juvenile was adjudicated delinquent for an offense which, if 36 committed by an adult, would constitute an offense involving domestic 37 violence, use of a weapon, or other violence; and 38 (ii) has any juvenile delinquency proceeding currently pending against 39 such respondent. 40 § 6. This act shall take effect on the thirtieth day after it shall 41 have become a law.
