Provisions Related to Persons with Mental Illness
Amendments to the Mental Hygiene Law will help ensure that persons who
are mentally ill and dangerous cannot retain or obtain a firearm.
First, mental health records that are currently sent to NIDCS for a
federal background check will also be housed in a New York State
database. A new Section 9.46 of the Mental Hygiene Law will require
mental health professionals, in the exercise of reasonable
professional judgment, to report if an individual they are treating is
likely to engage in conduct that will cause serious harm to him- or
herself or others. A good faith decision about whether to report will
not be a basis for any criminal or civil liability. When a Section
9.46 report is made, the Division of Criminal Justice Services will
determine whether the person possesses a firearms license and, if so,
will notify the appropriate local licensing official, who must suspend
the license. The person's firearms will then be removed.