New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 643 - Certificate of Relief from Disabilities (Prohibitions) Related to Firearms Possession › Section 643.3 - Process

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Request
				for relief.
(1) An individual who has
				been or may be disqualified from attempting to purchase or otherwise possess a
				firearm in accordance with the provisions of section 13.09 (f)  of the Mental
				Hygiene Law and whose records were submitted to NICS by OPWDD, may request
				administrative review by OPWDD to have his or her civil rights restored for
				such limited purpose.
(2) A request
				for relief shall be made on forms developed by OPWDD, which shall be available
				on OPWDD's public web site. At a minimum, the forms shall require the applicant
				to answer all of the following questions under penalty of perjury:
(i) Is the applicant under indictment for, or
				ever been convicted of, a crime punishable by imprisonment for more than one
				year?
(ii) Is the applicant a
				fugitive from justice?
(iii) Is the
				applicant an unlawful user of, or is addicted to, any controlled
				substance?
(iv) Has the applicant
				been adjudicated as having a mental disability or committed to a mental
				institution, including but not limited to involuntary commitment to an OPWDD
				facility (pursuant to article 15 of the Mental Hygiene Law, or article 730 or
				section 330.20  of the Criminal Procedure Law, or
				section 322.2 or 353.4  of the Family Court Act)? (Note: "adjudicated as having
				a mental disability" has the same meaning as the term "adjudicated as a mental
				defective" is defined in
				27 C.F.R.
				478.11. "Committed to a mental institution"
				has the same meaning as the term is defined in the cited Federal
				regulation.)
(v) Is the applicant
				an illegal alien, or has he/she been admitted to the United States under a
				nonimmigrant visa?
(vi) Was the
				applicant discharged from the U.S. Armed Forces under dishonorable
				conditions?
(vii) Has the applicant
				renounced U.S. citizenship?
(viii)
				Is the applicant subject or ever been subject to a court order restraining him
				or her from harassing, stalking, or threatening an intimate partner or
				child?
(ix) Has the applicant been
				convicted in any court of a misdemeanor crime of domestic violence?
(3) In addition to the forms
				provided, the applicant shall be required to submit further information in
				support of the request for relief. The information must include, but is not
				limited to:
(i) true and certified copies of
				medical/clinical records detailing the applicant's psychiatric and/or
				intellectual or developmental disability history, which shall include records
				pertaining to the involuntary commitment to an OPWDD facility, which is the
				subject of the request for relief;
(ii) true and certified copies of
				medical/clinical records from all of the applicant's current treatment and
				service providers, if the applicant is receiving treatment or
				services;
(iii) a true and
				certified copy of all criminal history information maintained on file at the
				New York State Division of Criminal Justice Services and the Federal Bureau of
				Investigation pertaining to the applicant, or a copy of a response from such
				division and bureau indicating that there is no criminal history information on
				file;
(iv) notarized letters of
				reference from current and past employers, family members or personal friends,
				which may include affidavits from character witnesses or the applicant, or
				other character evidence;
(v) any
				further information pertinent to the determination specifically requested by
				OPWDD. Such documents requested by OPWDD shall be certified copies of original
				documents.
(4) The
				applicant must provide a psychiatric evaluation performed no earlier than 90
				calendar days from the date the request for relief was submitted to OPWDD,
				conducted by a qualified psychiatrist as defined in section 9.01  of the Mental Hygiene Law. The
				evaluation must include an opinion, and a basis for that opinion, as to whether
				or not the applicant's record and reputation are such that the applicant will
				or will not be likely to act in a manner dangerous to public safety and whether
				or not the granting of the relief to allow for firearms possession would be
				contrary to the public interest.
(5) The applicant must also provide an
				evaluation by a licensed psychologist which includes current IQ and adaptive
				behavior assessment.
(6) OPWDD
				reserves the right to request that the applicant undergo a clinical evaluation
				and risk assessment as determined by the commissioner or his/her designee(s).
				The evaluation must be performed 45 calendar days from the date OPWDD requests
				the evaluation, unless OPWDD allows an extension of time.
(7) The request for relief must include a
				valid authorization form permitting OPWDD to obtain and/or review health and
				other information from any health, mental health, alcohol/substance abuse
				providers, or providers of services for persons with developmental disabilities
				with respect to care and services provided prior to the date of the
				application, for the purposes of reviewing the application for relief. Such
				authorization must comply with applicable Federal or State laws governing the
				privacy of health information, including but not limited to, as relevant, 45
				CFR parts 160 and 164, 42 CFR part 2, Public Health Law, section
				17 and article 27-F, and Mental Hygiene Law,
				section
				33.13.
(8) It is the responsibility of the applicant
				to ensure that all required information accompanies the request for relief at
				the time it is submitted to OPWDD. Unless specifically requested by OPWDD,
				information provided after receipt by OPWDD of the initial request for relief
				will not be considered. Information specifically requested by OPWDD must be
				received by OPWDD within 60 days of the date requested in order for it to be
				considered. Failure to meet this time frame will result in a denial of the
				certificate of relief.