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New York · 2025-2026 General Assembly
A02233Provides for the temporary surrender of firearms to the police by any person who is taken into custody by the police for the purpose of a mental examination and prior to an examination ordered pursuant to article seven hundred thirty of the criminal procedure law; requires a "cooling off period" following the discharge from psychiatric care during which time firearms, which came into police custody during the person's pre-hospitalization intervention or during hospitalization, may be kept in police custody for thirty days, or after a psychiatric examiner has determined whether the person is a threat to themself or others; provides that a judge of the local jurisdiction may order an early return of the firearms if such judge determines that it would be appropriate to do so.
Direction
Firearmsred flag erpoAI label
↓Restricts gun accessmodel confidence 90%
Requires temporary surrender of firearms by anyone taken into custody for a mental examination, with a 30-day cooling-off period after psychiatric discharge before return (or after examiner determines no threat), so more restrictions on firearm access for people with recent mental health crises.
Any person who is taken into custody by the police for the purpose of a mental examination, and prior to an examination ordered pursuant to article seven hundred thirty of the criminal procedure law, shall be required to surrender such person's firearms as defined in subdivision three of section 265.00 of this chapter, to the police.
Why the model tagged it this way: The bill adds a new subdivision to Penal Law §400.05 that mandates temporary surrender of firearms upon police custody for mental examination (pre-CPL 730) and imposes a 30-day post-discharge cooling-off period before return unless a psychiatric examiner clears the person or a judge orders earlier return. This is a form of extreme-risk firearm restriction tied to mental health intervention, directly addressing the firearms/red-flag-erpo topic with a restricting effect; no other listed topics are substantively addressed.
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