New York Proposed Law S7065 – Require Mental Evaluation before Gun Purchase

 In 2nd Amendment

New York has never been a bastion of 2nd amendment rights, but a law proposed by State Senator James Sanders Jr (D) continues the slide toward  tyranny. S7065 requires any person wishing to purchase a firearm to be evaluated – and cleared – by a federally licensed mental health expert.

The clearance must be provided prior to the NICS background checks being conducted.

S7065 reads, in part:

“Section 1 of the bill amends general business law section 897 by adding a new subdivision I-a and section 2 of the bill amends section 898 of the general business law by amending subdivision 1 and by adding a new subdivision 2-a to require that before any sale, exchange, or disposal of a firearm, rifle or shotgun at a gun show, by a federally licensed dealer or private sale, including when such sale, exchange or disposal is between immediate family members, a purchaser of any firearm, rifle or shotgun shall submit to a mental health evaluation and provide the seller with proof of his or her approval to purchase such firearm, rifle or shotgun pursuant to mental hygiene law section 7.09 (1).

Section 2a is added: Before any sale, exchange, or disposal pursuant to this article, a purchaser of any firearm, rifle or shotgun shall submit to a mental health evaluation and provide the seller with proof of his or her approval to purchase such firearm, rifle or shotgun pursuant to subdivision (m) of section 7.09 of the mental hygiene law.

Section 3 amends section 7.09 of the mental hygiene law by adding a new subdivision (1) to require the commissioner of mental health to establish within the office of mental health an administrative process for the mental health evaluation of any individual prior to such individual’s purchase of any firearm, rifle or shotgun. The commissioner shall promulgate regulations which shall include, but not be limited to, provisions relating to mental health professionals approved to perform the evaluation; the process for evaluation; and the development of a standardized form to be used by mental health professionals performing such evaluation to approve or deny an individual for purchase of a firearm, rifle or shotgun.”

So much for “shall not be infringed.” The way this law is written could also cause Federal Firearms Licensees to be liable or charged if they fail to obtain the mental health documentation. Failure to abide by the law would result in conviction of a Felony and up to 7 years in prison.

The proposal is currently in the New York Senate Consumer Protection Committee. The Democrats in New York have tried this gambit previously, but it didn’t fly. We sincerely hope, for the sake of all New York gun owners, that it will be defeated again,

State Senator Sanders has repeatedly attacked President Trump as being responsible for mass shootings.  That’s a situation which leads some of us to conclude that Democrats are the ones that should be mentally evaluated.

Featured photo: NY Senate photo of Democrat James Sanders Jr.

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