Bill Text: NY A05455 | 2021-2022 | General Assembly | Introduced

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Bill Title: Requires police officers to take temporary custody of firearms for not less than one hundred twenty hours when responding to reports of family violence.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2022-05-05 - advanced to third reading cal.595 [A05455 Detail]

Download: New_York-2021-A05455-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5455

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 16, 2021
                                       ___________

        Introduced by M. of A. PAULIN -- 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.
                                                                   LBD07605-01-1
        A. 5455                             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.