New York Penal Law Section 400.00, working in conjunction with the Mental Hygiene Law, establishes the mental health-related criteria that disqualify individuals from obtaining or retaining a firearms license. These provisions were significantly strengthened by the NY SAFE Act of 2013, which created a new reporting framework linking mental health treatment records to the firearms licensing system.[1]
Disqualifying Mental Health Events
A person is ineligible for a firearms license if they have been:
- Involuntarily committed to a facility under the jurisdiction of the Office of Mental Health pursuant to Article 9 or 15 of the Mental Hygiene Law
- Committed pursuant to criminal proceedings under Article 730 or Section 330.20 of the Criminal Procedure Law (incompetent to stand trial or not responsible by reason of mental disease or defect)
- Committed under correction or family court proceedings pursuant to Section 402 or 508 of the Correction Law, or Sections 322.2 or 353.4 of the Family Court Act
- Civilly confined in a secure treatment facility pursuant to Article 10 of the Mental Hygiene Law (sex offender civil management)
- The subject of a report made pursuant to Section 9.46 of the Mental Hygiene Law (the SAFE Act reporting provision)[2]
SAFE Act Mental Health Reporting (MHL 9.46)
The SAFE Act created Section 9.46 of the Mental Hygiene Law, which requires mental health professionals to report to their county director of community services when a patient they are treating is likely to engage in conduct that would result in serious harm to self or others. Upon receiving such a report, the county director determines whether the report is justified and, if so, forwards it to the Division of Criminal Justice Services (DCJS).[3] DCJS then cross-references the report against the firearms licensing database. If the individual holds a firearms license, the licensing officer is notified and may suspend or revoke the license.
Investigation of Mental Health Records
Before any firearms license is issued or renewed, the licensing officer must conduct an investigation that includes a review of records maintained by the appropriate office of the department of mental hygiene concerning the applicant's previous or present mental health treatment. These records are made available to the investigating officer of the police authority processing the application.[4]
Confidentiality and Due Process
The mental health reporting system includes confidentiality protections. Reports made under MHL 9.46 are not disclosed to the public, and the reporting mental health professional is protected from liability for making a report in good faith. Individuals who are the subject of a report may petition for removal of the record, and the state must provide a process for reviewing and expunging records when the disqualifying condition no longer applies.[2]
Practical Impact
New York's mental health reporting system is one of the most comprehensive in the nation. Since the SAFE Act took effect, tens of thousands of reports have been submitted under MHL 9.46, resulting in license suspensions and revocations. The system is designed to intervene before a person in crisis has access to a firearm, but it has also generated criticism from mental health professionals who argue that mandatory reporting may deter patients from seeking treatment.[1]
Controlled Substance Disqualifier (Revised Federal Standard)
In addition to the mental health disqualifiers above, PL 400.00 also disqualifies any person who is "an unlawful user of or addicted to any controlled substance" from receiving a firearms license. This criterion incorporates the federal prohibition under 18 U.S.C. 922(g)(3). On January 22, 2026, the ATF published an interim final rule revising the regulatory definition of "unlawful user" in 27 CFR 478.11.[5] The revised definition requires regular, ongoing use over an extended period continuing into the present -- a single past incident no longer automatically disqualifies an applicant. However, "addicted" is now separately defined as demonstrating a pattern of compulsive use with impaired control.
It is important to note the distinction between state and federal standards. New York's mental health disqualifiers under PL 400.00 and the Mental Hygiene Law operate independently of the federal controlled substance disqualifier. A person who is disqualified under federal law for regular cannabis use but has no mental health disqualifiers remains ineligible for a firearms license due to the federal prohibition alone. The federal standard applies regardless of New York's legalization of recreational cannabis in 2021. The constitutionality of the federal cannabis-firearms prohibition is currently before the U.S. Supreme Court in United States v. Hemani.[6]