New York State law does not give courts the authority to remove firearms and revoke firearm licenses of anyone they find to be incapacitated, in need of involuntary care and treatment, or committed to a mental health facility. Assemblywoman Donna Lupardo (D-Endwell) is looking to change that. The Assembly is expected to pass legislation she authored in a package of bills today commemorating National Crime Victims’ Rights Week.

Lupardo’s bill (A.3081) would enable courts to further protect the public by giving them the authority to take weapons out of the hands of individuals who, as a matter of law, have no right to possess them. Federal law already prevents anyone committed to a mental health facility or found to be incapacitated from purchasing or possessing a firearm.

“In 2007, the Brady Campaign estimated that at least eight out of ten people disqualified from buying guns for mental health reasons were not listed in the background check system,” said Lupardo. “This bill would help keeps guns out of the hands of those found to be at risk by the courts.”

The bill does not apply to everyone suffering from mental illness or psychological disorders though. Only after formal legal proceedings were completed would the termination of a license and surrender of weapons be required. Once a disability has passed, the individual may reapply for a license – there is no permanent ban.

State law already requires all weapons surrendered under any circumstances to be kept for up to one year and then destroyed. In addition, current law allows owners surrendering a firearm to arrange for the sale or transfer to a licensed firearms dealer in the state.

The Assembly passed Lupardo’s bill unanimously in both 2009 and 2010. It is now awaiting action in the Senate.