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: A2413
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 when
responding to reports of family violence
SUMMARY OF PROVISIONS::
Section 1. Paragraphs (a) and (c) of subdivision 6 of section 140.10 of
the criminal procedure law, as added by section 2 of part M of chapter
55 of the laws of 2020, are amended to require a police officer who
responds to a report of a family offense as defined in section 530.11 of
this chapter and section eight hundred twelve of the family court shall
take temporary custody of a firearm or other weapons listed that is in
plain sight or is discovered pursuant to a consensual or other lawful
search and shall take custody of any license to carry, possess, repair
and dispose of such weapon issued to the person arrested or suspected of
such family offense. Part (c) 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 criminal charge or conviction which prohib-
its 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 an/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 states the effective date
JUSTIFICATION::
The safe homes act of 2020 provides police officers answering a domestic
violence call the option to remove firearms in plain sight or discovered
pursuant to a consensual or other lawful search. This legislation seeks
to provide further protections to the victims by mandating police offi-
cers seize firearms in plain sight during a domestic violence call and
any license to carry, possess, repair, and dispose of such weapon that
is in the possession of any person arrested on the suspicion of such
family offense. Additionally, this legislation calls for the return of
such firearms and licenses not less than one hundred twenty hours after
effecting such seizure. Such legislation is necessary to ensure that
firearms do not return to dangerous hands before the courts have had
sufficient time to file any necessary charges to protect such victims.
LEGISLATIVE HISTORY::
A.5455 of 2021 and 2022, advanced to third reading. Same as 5.5026 of
2021 and 2022, referred to codes.
FISCAL IMPLICATIONS::
None to the State.
EFFECTIVE DATE::
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2413
2023-2024 Regular Sessions
IN ASSEMBLY
January 26, 2023
___________
Introduced by M. of A. PAULIN, SEAWRIGHT, McMAHON -- read once and
referred to the Committee on Codes
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
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (a) and (c) of subdivision 6 of section 140.10
2 of the criminal procedure law, as added by section 2 of part M of chap-
3 ter 55 of the laws of 2020, are amended to read as follows:
4 (a) A police officer who responds to a report of a family offense as
5 defined in section 530.11 of this chapter and section eight hundred
6 twelve of the family court act [may] shall take temporary custody of any
7 firearm, rifle, electronic dart gun, electronic stun gun, disguised gun,
8 imitation weapon, shotgun, antique firearm, black powder rifle, black
9 powder shotgun, or muzzle-loading firearm that is in plain sight or is
10 discovered pursuant to a consensual or other lawful search, and shall
11 take temporary custody of any such weapon that is in the possession of
12 any person arrested for the commission of such family offense or
13 suspected of its commission. An officer who takes custody of any weapon
14 pursuant to this paragraph shall also take custody of any license to
15 carry, possess, repair, and dispose of such weapon issued to the person
16 arrested or suspected of such family offense. The officer shall deliver
17 such weapon and/or license to the appropriate law enforcement officer as
18 provided in subparagraph (f) of paragraph one of subdivision a of
19 section 265.20 of the penal law.
20 (c) Not less than [forty-eight] one hundred twenty hours after effect-
21 ing such seizure, and in the absence of (i) an order of protection, an
22 extreme risk protection order, or other court order prohibiting the
23 owner from possessing such a weapon and/or license, or (ii) a pending
24 criminal charge or conviction which prohibits such owner from possessing
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05236-01-3
A. 2413 2
1 such a weapon and/or license, and upon a written finding that there is
2 no legal impediment to the owner's possession of such a weapon and/or
3 license, the court or, if no court is involved, licensing authority or
4 custodian of the weapon shall direct return of a weapon not otherwise
5 disposed of in accordance with subdivision one of section 400.05 of the
6 penal law and/or such license taken into custody pursuant to this
7 section.
8 § 2. This act shall take effect immediately.
