An Assembly bill sitting in committee on codes would require any purchaser of a firearm to first obtain a hunting license and a mental health evaluation, among other restrictions.
Assembly bill …
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An Assembly bill sitting in committee on codes would require any purchaser of a firearm to first obtain a hunting license and a mental health evaluation, among other restrictions.
Assembly bill A360 adds new regulations "related to establishing additional requirements to purchase a firearm, shotgun or rifle," according to the bill sponsored by District 79 Democrat Chantel Jackson.
The Harlem native represents Concourse Village, Melrose, Morrisania, Claremont, Belmont, and East Tremont in the Bronx.
The legislation, which was previously introduced during the 2019-20, 2021-22 and 2023-24 legislative sessions in various forms, would almost certainly draw lawsuits from gun rights organizations like Gun Owners of America and Firearms Policy Coalition, as many previous laws have since the landmark Bruen decision from the Supreme Court.
That case, NYSRPA v. Bruen, largely undid New York State's 109-year-old concealed carry laws and redefined how gun cases should be ruled upon.
Jackson's bill includes a myriad of requirements to purchase a firearm, including a five-hour gun safety course and exam, passing a shooting range test with 90% accuracy, providing notarized proof of a passed drug test, a mental health evaluation, providing proof of purchase of firearm and ammunition safe storage depositories and passing a criminal background check, according to the bill.
Mental health issues that would disqualify an applicant include those who have had a guardian appointed for them pursuant to any provisions of state law based on the determination of "subnormal intelligence, mental illness, incompetency, incapacity, condition or disease, [he or she lacks] THEY LACK the mental capacity to contract or manage [his or her] THEIR own affairs," the bills states.
Applicants must also submit to an investigation with law enforcement, including fingerprinting, to access records through the Office of the Department of Mental Hygiene to ensure no previous or present mental health conditions are present and would disqualify the applicant prior to a psychological examination, the bill states.
Purchases must also pass a shooting exam with 90% accuracy "using the type of firearm they anticipate purchasing, possessing or acquiring."
Critics have already called the measure "foolish" online, noting that first time purchasers are placed at a distinct disadvantage with the testing requirements due to a lack of experience.
Another major point of contention among hunters is language that would require those purchasing a hunting license to now provide proof they are not an "unlawful user of or addicted to any controlled substance as defined in section 21 U.S.C 802 and has notarized proof of a passed drug test by a licensed physician.
Those requirements would continue to build upon Environmental Conservation Law that requires hunting license purchasers to obtain a certificate of completion through a Hunter's Safety course.
Exemptions would be put in place for law enforcement officers, as well as veterans honorably discharged from the military who have proof of official qualifications in similar firearms during the term of their service, the bill states.
The legislation would build off of the Concealed Carry Improvement Act, which implemented a number of restrictions to purchase firearms, including an 18-hour course to obtain a concealed carry license, as well as a requirement to obtain a pistol permit to purchase a semi-automatic rifle.
The CCIA is currently enduring significant scrutiny by Gun Owners of America with the Antonyuk v. James, with the Supreme Court accepting multiple amicus briefs related to the case before docketing.
St. Lawrence County Attorney Steve Button, who has been working "of counsel" with Gun Owners of America since Oct. 2022 previously told North Country This Week he and attorney from GOA are confident in the merits of the case and appear hopeful the Supreme Court will take up the case this fall.
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