Requires police officers to take temporary custody of firearms when responding to reports of family violence, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1985--A
     Cal. No. 182
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2025
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes -- reported  favora-
   bly  from  said committee, ordered to first and second report, ordered
   to a third reading, passed by Senate and delivered  to  the  Assembly,
   recalled,  vote  reconsidered,  restored to third reading, amended and
   ordered reprinted, retaining its place in the order of third reading
 
 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:
 
   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  chap-
 ter 55 of the laws of 2020, are amended to read as follows:
   (a)  (I) 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 act:
   (1)  may take temporary custody of any 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 in plain sight or is discovered  pursuant  to  a
 consensual or other lawful search[, and];
   (2)  shall take temporary custody of any [such weapon] 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  in  the  possession  of  any
 person  arrested  for  the  commission  of  [such]  A  family offense or
 suspected of its commission[.]; AND
   (3) SHALL TAKE TEMPORARY CUSTODY OF  ANY  FIREARM,  RIFLE,  ELECTRONIC
 DART  GUN, ELECTRONIC STUN GUN, DISGUISED GUN, IMITATION  WEAPON,  SHOT-
 GUN, ANTIQUE FIREARM, BLACK  POWDER  RIFLE,  BLACK  POWDER  SHOTGUN,  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02092-10-5
 S. 1985--A                          2
 
 MUZZLE-LOADING  FIREARM THAT IS IN PLAIN SIGHT  OR  IS DISCOVERED PURSU-
 ANT  TO  A CONSENSUAL OR OTHER LAWFUL SEARCH IF ANY ONE OF THE FOLLOWING
 CIRCUMSTANCES IS PRESENT:
   A. THE VICTIM RESPONDS IN THE AFFIRMATIVE TO THE SUSPECT THREATS QUES-
 TIONS  IN  THE  VICTIM INTERVIEW SECTION IN THE PRIOR HISTORY SECTION OF
 THE NEW YORK STATE STANDARDIZED DOMESTIC INCIDENT REPORT (DIR) FORM; OR
   B. THE VICTIM RESPONDS IN THE AFFIRMATIVE  TO  ANY  OF  THE  LETHALITY
 ASSESSMENT  QUESTIONS IN THE PRIOR HISTORY SECTION OF THE NEW YORK STATE
 STANDARDIZED DOMESTIC INCIDENT REPORT (DIR) FORM; OR
   C. ANY RESPONDING OFFICER HAS A REASONABLE BELIEF THAT IT IS NECESSARY
 TO REMOVE SUCH WEAPON TO PROTECT THE VICTIM OR OTHER PERSONS PRESENT, OR
 TO PREVENT RISK OF FURTHER VIOLENCE OR THREAT.
   (II) An officer who takes custody of any weapon pursuant to this para-
 graph shall also 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.  The  officer  shall  deliver  such weapon and/or
 license to the  appropriate  law  enforcement  officer  as  provided  in
 subparagraph  (f) of paragraph one of subdivision a of section 265.20 of
 the penal law.
   (c) Not less than [forty-eight] ONE HUNDRED TWENTY hours after effect-
 ing such seizure, and in the absence of (i) an order of  protection,  an
 extreme  risk  protection  order,  or  other court order prohibiting the
 owner from possessing such a weapon and/or license, or  (ii)  a  pending
 criminal charge or conviction which prohibits such owner from 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 in accordance with subdivision one of section 400.05 of the
 penal law and/or such  license  taken  into  custody  pursuant  to  this
 section.
   § 2. This act shall take effect immediately.