New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 543 - Certificate Of Relief From Disabilities Related To Firearms Possession › Section 543.5 - 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 subdivision (j) of section 7.09  of the Mental Hygiene Law and whose
				records were submitted to the NICS system by the Office of Mental Health, may
				request administrative review by the office to have his or her civil rights
				restored for such limited purpose.
(2) A request for relief shall be made on
				forms developed by the office, which shall be available on the office's public
				website. 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
				has he/she 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?
(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 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
				certificate of relief. The information must include, but is not limited to:
(i) true and certified copies of medical
				records detailing the applicant's psychiatric history, which shall include the
				records pertaining to the commitment to a mental health facility, or
				adjudication as having a mental disability (as defined in this Part), which is
				the subject of the request for relief;
(ii) true and certified copies of medical
				records from all of the applicant's current treatment providers, if the
				applicant is receiving treatment;
(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) evidence of the applicant's reputation,
				which may include notarized letters of reference from current and past
				employers, family members or personal friends, affidavits from the applicant or
				other character evidence;
(v) any
				further information specifically requested by the office. Such documents
				requested by the office shall be certified copies of original
				documents.
(4) The
				applicant may provide a psychiatric evaluation performed no earlier than 90
				calendar days from the date the request for the certificate of relief was
				submitted to the office, conducted by a qualified psychiatrist. The evaluation
				should 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 would be contrary to the public interest.
(5) The office 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 the office requests the evaluation,
				unless the office allows an extension of time.
(6) The request for relief must include a
				valid authorization form permitting the office to obtain and/or review health
				information from any health, mental health, or alcohol/substance abuse
				providers with respect to care 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.
(7) 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 the office. Unless specifically requested by the
				office, information provided after receipt by the office of the initial request
				for relief will not be considered. Information specifically requested by the
				office must be received by the office 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.