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.