New York A 1905: Allows access to juvenile delinquency records for the purposes of a firearm background check and authorizes the denial of a firearm license for applicants under thirty who committed certain offenses as a juvenile

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A01905 Summary:

BILL NOA01905 

&nbsp

SAME ASSAME AS S02089

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SPONSORPaulin

&nbsp

COSPNSRCruz

&nbsp

MLTSPNSR

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Amd §§380.1, 381.2 & 381.3, Fam Ct Act; amd §400.00, Pen L; amd §6342, CPLR

&nbsp

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.

Go to top A01905 Actions:

BILL NOA01905 

&nbsp

01/14/2025referred to codes

01/07/2026referred to codes

Go to topA01905 Committee&nbspVotes:

Go to topA01905 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA01905 Text:

 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.
 LBD04784-01-5

 A. 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