Requires police officers to take temporary custody of firearms for not less than one hundred twenty hours when responding to reports of family violence.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A544B Revised 06/11/25
SPONSOR: Paulin TITLE OF BILL:
An act to amend the criminal procedure law, in relation to requiring
police officers to take temporary custody of firearms when responding to
reports of family violence
PURPOSE:
Requires police officers to take temporary custody of firearms in
certain instances when responding to reports of family violence
SUMMARY OF PROVISIONS:
Section 1. Paragraph (a) of subdivision 6 of section 140.10 of the CPL
is amended to require police officers to take custody of a firearm,
rifle, electronic dart gun, electronic stun gun, disguised gun,
imitation weapon, shotgun, antique firearm, black powder rifle, black
powder shotgun, or muzzle-loading firearm that is found in plain sight
or pursuant to a lawful search. if: (A) the victim responds affirmative-
ly to suspect threats questions in the DIR; (B) the victim responds
affirmatively to lethality assessment questions in the DIR; (C) such
officer has a reasonable belief that it is necessary to protect the
victim or other persons present, preventing the risk of further violence
or threat.
Paragraph (c) of subdivision 6 of section 140.10 of the CPL provides
that not less than one hundred twenty hours after effecting such
seizure, and in the absence of (i) an order of prohibiting the owner
from possessing such a weapon and/or license, or (ii) or pending crimi-
nal charge or conviction which prohibits such owner for possessing such
a weapon and/or license, and upon a written finding that there is no
legal impediment to the owner's possession of such a weapon and/or
license, the court or, if no court is involved, licensing authority or
custodian of the weapon shall direct return of a weapon not otherwise
disposed of or in accordance with subdivision one of section 400.05 of
the penal law and/or such license taken into custody pursuant to this
section.
Section 2 provides the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:
The B print would amend the CPL to require law enforcement take tempo-
rary custody of any firearm that is in plain sight or discovered if
circumstances described are present including responses to the NYS
standardized domestic incident report form (DIR).
JUSTIFICATION:
Each month, an average of 76 women are shot and killed by an intimate
partner. Possession of firearms within the home increases the risk of a
domestic violence homicide by 500%, making it five times more likely
that an abuser with a firearm will kill their partner. It has been prov-
en that one of the most dangerous times for victims of DV is immediately
following a police encounter. Accordingly, The Safe Homes Act of 2020
provides police officers answering a domestic violence call with the
option to remove any firearms in plain sight or discovered pursuant to a
consensual or other lawful search. This legislation provides further
protection for victims by mandating that police officers seize firearms
in plain sight or found pursuant to a lawful search when responding to a
domestic violence call where the victim responds affirmatively to any of
the suspect threat or lethality assessment questions on the NY standard-
ized Domestic Incident Report, or where the responding officer has a
reasonable belief that it is necessary to protect the victim or other
persons present, or to prevent risk of further violence or threat. The
intent of this legislation is to provide clear guidelines under which
police officers must seize firearms when responding
to a family offense.
The bill further extends the time that a firearm is held in custody from
48 to 120 hours. This allows courts time to determine next steps without
the increased risk of a firearm being returned to the home a mere two
days after a domestic violence call. Firearms must be returned within
120 hours unless there is an order of protection, an extreme risk order
protection order, or other court order in place which would prohibit the
individual from possessing any such weapon and/or license, or any pend-
ing criminal charges or convictions which would prohibit the return of
their weapon and/or license.
There is an inextricable link between domestic violence and gun
violence. In 2021, of the domestic violence homicides reported in New
York, a firearm was used in 24% of DV homicides in New York City and 45%
of DV homicides outside of New York City. The removal - even temporarily
- of a firearm reduces the risk of injury or death by eliminating the
threat of a lethal weapon from an already volatile situation.
LEGISLATIVE HISTORY:
A.5455 of 2021 and 2022, advanced to third reading. Same as 5.5026 of
2021 and 2022, referred to codes.
A.2413 of 2023 and 2024, referred to codes. Same as 5.2102 of 2023 and
2024, passed Senate.
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect immediately.
