Assembly Bill A7038

2015-2016 Legislative Session

Establishes procedures for issuance of gun violence restraining orders and gun seizure warrants

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A7038 (ACTIVE) - Details

See Senate Version of this Bill:
S6065
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add Art 735 §§735.10 - 735.60, CP L; amd §265.01, Pen L

2015-A7038 (ACTIVE) - Summary

Establishes procedures for issuance of gun violence restraining orders and gun seizure warrants.

2015-A7038 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7038

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 21, 2015
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee on Codes

AN  ACT  to  amend  the  criminal  procedure  law  and the penal law, in
  relation to gun violence restraining orders and gun seizure warrants

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The criminal procedure law is amended by adding a new arti-
cle 735 to read as follows:
                               ARTICLE 735
                   GUN VIOLENCE RESTRAINING ORDERS AND
                          GUN SEIZURE WARRANTS
SECTION 735.10 DEFINITIONS.
        735.20 ISSUANCE OF GUN VIOLENCE RESTRAINING ORDER.
        735.30 ISSUANCE OF GUN SEIZURE WARRANT.
        735.40 COURT HEARING.
        735.50 REQUEST FOR RENEWAL OF ORDER.
        735.60 OFFENSES.
S 735.10 DEFINITIONS.
  AS  USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
  1. "GUN SEIZURE WARRANT" SHALL MEAN A COURT ORDER REGARDING  A  PERSON
WHO  IS  SUBJECT TO A GUN VIOLENCE RESTRAINING ORDER AND WHO IS KNOWN TO
OWN OR POSSESS ONE OR MORE FIREARMS, RIFLES, OR SHOTGUNS AND ANY AMMUNI-
TION THAT DIRECTS A LAW  ENFORCEMENT  OFFICER  TO  SEIZE  ANY  FIREARMS,
RIFLES,  OR  SHOTGUNS AND ANY AMMUNITION IN THE POSSESSION OF THE PERSON
AND TO BRING THE UNLOADED FIREARMS, RIFLES, OR SHOTGUNS AND ANY  AMMUNI-
TION BEFORE THE JUDGE ISSUING SUCH ORDER.
  2. "GUN VIOLENCE RESTRAINING ORDER" SHALL MEAN A COURT ORDER PROHIBIT-
ING  A  PERSON  FROM  PURCHASING,  OWNING,  POSSESSING,  CONTROLLING, OR
ATTEMPTING TO PURCHASE OR RECEIVE A FIREARM, RIFLE, OR SHOTGUN  AND  ANY
AMMUNITION FOR A PERIOD OF ONE YEAR.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03464-04-5
              

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