Assembly Bill A6406

2011-2012 Legislative Session

Provides for mandatory revocation or suspension of the firearms license of an individual against whom an order or temporary order of protection has been issued

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Archive: Last Bill Status - In Senate Committee Children And Families 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 21, 2012	referred to children and families delivered to senate passed assembly
Feb 16, 2012	advanced to third reading cal.357
Feb 14, 2012	reported
Jan 04, 2012	referred to codes
May 19, 2011	advanced to third reading cal.397
May 17, 2011	reported
May 02, 2011	print number 6406a
May 02, 2011	amend and recommit to codes
Mar 16, 2011	referred to codes

Bill Amendments

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2011-A6406 - Details

Current Committee:: Senate Children And Families
Law Section:: Family Court Act
Laws Affected:: Amd §§842-a & 846-a, add §§446-a, 552, 656-a, 1056-a & Art 7 Part 7 §780-a, Fam Ct Act; amd §§240 & 252, Dom Rel L; amd §530.14, CP L

2011-A6406 - Summary

Provides for the mandatory revocation or suspension of the firearms license of, and eligibility therefor of an individual against whom an order or temporary order of protection has been issued, under certain circumstances.

2011-A6406 - Bill Text download pdf

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

                                  6406

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 16, 2011
                               ___________

Introduced by M. of A. WEINSTEIN, ROSENTHAL -- read once and referred to
  the Committee on Codes

AN ACT to amend the family court act, the domestic relations law and the
  criminal  procedure  law,  in  relation to providing for the mandatory
  suspension or revocation of the firearms license of a  person  against
  whom  an  order  of  protection or a temporary order of protection has
  been issued under certain circumstances, or upon violation of any such
  order

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

  Section  1.  Subdivisions  1,  2  and 3 of section 842-a of the family
court act, as added by chapter 644 of the laws of 1996, paragraph (a) of
subdivision 1 as amended by chapter 434 of the laws of 2000, the opening
paragraph of subdivision 3 as amended by chapter  597  of  the  laws  of
1998,  paragraph  (a)  of subdivision 3 as amended by chapter 635 of the
laws of 1999, are amended to read as follows:
  1.  [Mandatory  and  permissive  suspension]  SUSPENSION  of  firearms
license  and  ineligibility  for  such  a license upon the issuance of a
temporary order of protection.  Whenever a temporary order of protection
is issued  pursuant  to  section  eight  hundred  twenty-eight  of  this
article,  OR  PURSUANT  TO ARTICLE FOUR, FIVE, SIX, SEVEN OR TEN OF THIS
ACT:
  (a) the court shall suspend any such existing license possessed by the
respondent, order the respondent ineligible  for  such  a  license,  and
order  the immediate surrender of any or all firearms owned or possessed
where the court receives information that gives the court good cause  to
believe  that:  (i) the respondent has a prior conviction of any violent
felony offense as defined in section 70.02 of the penal  law;  (ii)  the
respondent  has previously been found to have willfully failed to obey a
prior order of protection and such  willful  failure  involved  (A)  the
infliction of [serious] physical injury, as defined in subdivision [ten]

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09906-01-1

A. 6406                             2

NINE of section 10.00 of the penal law, (B) the use or threatened use of
a  deadly  weapon  or dangerous instrument as those terms are defined in
subdivisions twelve and thirteen of section 10.00 of the penal  law,  or
(C)  behavior  constituting  any  violent  felony  offense as defined in
section 70.02 of the penal law; or (iii)  the  respondent  has  a  prior
conviction for stalking in the first degree as defined in section 120.60
of  the  penal  law, stalking in the second degree as defined in section
120.55 of the penal law, stalking in the  third  degree  as  defined  in
section  120.50  of  the  penal  law or stalking in the fourth degree as
defined in section 120.45 of such law; and
  (b) the court [may] SHALL where the court  finds  a  substantial  risk
that  the  respondent  may  use  or threaten to use a firearm unlawfully
against the person or persons for whose protection the  temporary  order
of  protection is issued, suspend any such existing license possessed by
the respondent, order the respondent ineligible for such a license,  and
order the immediate surrender of any or all firearms owned or possessed.
  2.  [Mandatory  and permissive revocation] REVOCATION or suspension of
firearms license and ineligibility for such a license upon the  issuance
of  an  order  of  protection. Whenever an order of protection is issued
pursuant to section eight hundred forty-one of this part, OR PURSUANT TO
ARTICLE FOUR, FIVE, SIX, SEVEN OR TEN OF THIS ACT:
  (a) the court shall revoke any such existing license possessed by  the
respondent,  order  the  respondent  ineligible  for such a license, and
order the immediate surrender of any or all firearms owned or  possessed
where the court finds that the conduct which resulted in the issuance of
the  order  of protection involved (i) the infliction of [serious] phys-
ical injury, as defined in subdivision [ten] NINE of  section  10.00  of
the  penal  law,  (ii)  the  use or threatened use of a deadly weapon or
dangerous instrument as those terms are defined in  subdivisions  twelve
and  thirteen  of  section  10.00  of  the  penal law, or (iii) behavior
constituting any violent felony offense as defined in section  70.02  of
the penal law; and
  (b)  the  court  [may] SHALL, where the court finds a substantial risk
that the respondent may use or threaten  to  use  a  firearm  unlawfully
against  the  person  or  persons  for  whose  protection  the  order of
protection is issued, (i) revoke any such existing license possessed  by
the  respondent,  order the respondent ineligible for such a license and
order the immediate surrender of any or all firearms owned or  possessed
or  (ii)  suspend  or  continue  to  suspend  any  such existing license
possessed by the respondent, order the respondent ineligible for such  a
license,  and order the immediate surrender of any or all firearms owned
or possessed.
  3. [Mandatory and permissive revocation] REVOCATION or  suspension  of
firearms  license and ineligibility for such a license upon a finding of
a willful failure to obey an order of protection OR TEMPORARY  ORDER  OF
PROTECTION.    Whenever a respondent has been found, pursuant to section
eight hundred forty-six-a of this part to have willfully failed to  obey
an  order  of protection OR TEMPORARY ORDER OF PROTECTION issued by this
court or [an order of protection issued] by a court of competent  juris-
diction  in  another state, territorial or tribal jurisdiction, in addi-
tion to any other remedies available pursuant to section  eight  hundred
forty-six-a of this part:
  (a)  the court shall revoke any such existing license possessed by the
respondent, order the respondent ineligible  for  such  a  license,  and
order  the immediate surrender of any or all firearms owned or possessed
where the willful failure to obey such order involves (i) the infliction

A. 6406                             3

of [serious] physical injury, as defined in subdivision  [ten]  NINE  of
section  10.00  of  the  penal  law, (ii) the use or threatened use of a
deadly weapon or dangerous instrument as  those  terms  are  defined  in
subdivisions  twelve  and thirteen of section 10.00 of the penal law, or
(iii) behavior constituting any violent felony  offense  as  defined  in
section  70.02  of the penal law; or (iv) behavior constituting stalking
in the first degree as defined in  section  120.60  of  the  penal  law,
stalking  in the second degree as defined in section 120.55 of the penal
law, stalking in the third degree as defined in section  120.50  of  the
penal  law or stalking in the fourth degree as defined in section 120.45
of such law; and
  (b) the court [may] SHALL where the court  finds  a  substantial  risk
that  the  respondent  may  use  or threaten to use a firearm unlawfully
against the  person  or  persons  for  whose  protection  the  order  of
protection was issued, (i) revoke any such existing license possessed by
the  respondent,  order  the  respondent  ineligible for such a license,
whether or not the respondent possesses such a license,  and  order  the
immediate  surrender  of  any or all firearms owned or possessed or (ii)
suspend any such existing license possessed by the respondent, order the
respondent ineligible for  such  a  license,  and  order  the  immediate
surrender of any or all firearms owned or possessed.
  S  2. Section 846-a of the family court act, as amended by chapter 597
of the laws of 1998, is amended to read as follows:
  S 846-a. Powers on failure to obey order. If a respondent  is  brought
before  the court for failure to obey any lawful order issued under this
article or an order of  protection  OR  TEMPORARY  ORDER  OF  PROTECTION
issued  PURSUANT TO THIS ACT OR ISSUED by a court of competent jurisdic-
tion of another state, territorial or tribal jurisdiction [in a proceed-
ing] and if, after hearing, the court is satisfied  by  competent  proof
that  the  respondent  has  willfully failed to obey any such order, the
court may modify an existing order OR TEMPORARY ORDER OF  PROTECTION  to
add  reasonable  conditions  of  behavior  to  the  existing  order  [of
protection], make a new order of protection in accordance  with  section
eight  hundred  forty-two OF THIS PART, may order the forfeiture of bail
in a manner consistent with article five hundred forty of  the  criminal
procedure  law  if bail has been ordered pursuant to this act, may order
the respondent to pay the petitioner's reasonable and necessary  counsel
fees  in  connection  with  the violation petition where the court finds
that the violation of its order was willful, and may commit the respond-
ent to jail for a term not to exceed six months.  Such commitment may be
served upon certain specified days or parts of days  as  the  court  may
direct, and the court may, at any time within the term of such sentence,
revoke  such  suspension  and commit the respondent for the remainder of
the original sentence, or suspend the remainder of such sentence. If the
court determines that the willful failure to obey  such  order  involves
violent behavior constituting the crimes of menacing, reckless endanger-
ment,  assault or attempted assault and if such a respondent is licensed
to carry, possess, repair and dispose of firearms  pursuant  to  section
400.00  of  the penal law, the court [may] SHALL also immediately revoke
such license and [may] SHALL arrange for  the  immediate  surrender  and
disposal of any firearm such respondent owns or possesses.  If the will-
ful  failure  to  obey  such  order involves the infliction of [serious]
physical injury as defined in subdivision [ten] NINE of section 10.00 of
the penal law or the use or threatened use of a deadly weapon or danger-
ous instrument, as those terms are defined in  subdivisions  twelve  and
thirteen  of section 10.00 of the penal law, such revocation and immedi-

A. 6406                             4

ate surrender and disposal of any firearm owned or possessed by respond-
ent shall be mandatory, pursuant to subdivision eleven of section 400.00
of the penal law.
  S  3. The family court act is amended by adding a new section 446-a to
read as follows:
  S 446-A. FIREARMS; SURRENDER AND LICENSE  SUSPENSION,  REVOCATION  AND
INELIGIBILITY.  UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
ORDER OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT SHALL,
WHERE  APPLICABLE,  MAKE  AN  ORDER  IN  ACCORDANCE  WITH SECTIONS EIGHT
HUNDRED FORTY-TWO-A AND EIGHT HUNDRED FORTY-SIX-A OF THIS ACT  DIRECTING
THE  SURRENDER  OF  FIREARMS,  REVOKING OR SUSPENDING A PARTY'S FIREARMS
LICENSE, AND/OR DIRECTING THAT SUCH PARTY BE  INELIGIBLE  TO  RECEIVE  A
FIREARMS LICENSE.
  S  4.  The  family court act is amended by adding a new section 552 to
read as follows:
  S 552. FIREARMS; SURRENDER  AND  LICENSE  SUSPENSION,  REVOCATION  AND
INELIGIBILITY.  UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
ORDER OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT SHALL,
WHERE APPLICABLE, MAKE  AN  ORDER  IN  ACCORDANCE  WITH  SECTIONS  EIGHT
HUNDRED  FORTY-TWO-A AND EIGHT HUNDRED FORTY-SIX-A OF THIS ACT DIRECTING
THE SURRENDER OF FIREARMS, REVOKING OR  SUSPENDING  A  PARTY'S  FIREARMS
LICENSE,  AND/OR  DIRECTING  THAT  SUCH PARTY BE INELIGIBLE TO RECEIVE A
FIREARMS LICENSE.
  S 5.  The family court act is amended by adding a new section 656-a to
read as follows:
  S 656-A. FIREARMS; SURRENDER AND LICENSE  SUSPENSION,  REVOCATION  AND
INELIGIBILITY.  UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
ORDER OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT SHALL,
WHERE APPLICABLE, MAKE  AN  ORDER  IN  ACCORDANCE  WITH  SECTIONS  EIGHT
HUNDRED  FORTY-TWO-A AND EIGHT HUNDRED FORTY-SIX-A OF THIS ACT DIRECTING
THE SURRENDER OF FIREARMS, REVOKING OR  SUSPENDING  A  PARTY'S  FIREARMS
LICENSE,  AND/OR  DIRECTING  THAT  SUCH PARTY BE INELIGIBLE TO RECEIVE A
FIREARMS LICENSE.
  S 6. Part 7 of article 7 of the family court act is amended by  adding
a new section 780-a to read as follows:
  S  780-A.  FIREARMS;  SURRENDER AND LICENSE SUSPENSION, REVOCATION AND
INELIGIBILITY. UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR  TEMPORARY
ORDER OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT SHALL,
WHERE  APPLICABLE,  MAKE  AN  ORDER  IN  ACCORDANCE  WITH SECTIONS EIGHT
HUNDRED FORTY-TWO-A AND EIGHT HUNDRED FORTY-SIX-A OF THIS ACT  DIRECTING
THE  SURRENDER  OF  FIREARMS,  REVOKING OR SUSPENDING A PARTY'S FIREARMS
LICENSE, AND/OR DIRECTING THAT SUCH PARTY BE  INELIGIBLE  TO  RECEIVE  A
FIREARMS LICENSE.
  S  7.   The family court act is amended by adding a new section 1056-a
to read as follows:
  S 1056-A. FIREARMS; SURRENDER AND LICENSE SUSPENSION,  REVOCATION  AND
INELIGIBILITY.  UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
ORDER OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT SHALL,
WHERE APPLICABLE, MAKE  AN  ORDER  IN  ACCORDANCE  WITH  SECTIONS  EIGHT
HUNDRED  FORTY-TWO-A AND EIGHT HUNDRED FORTY-SIX-A OF THIS ACT DIRECTING
THE SURRENDER OF FIREARMS, REVOKING OR  SUSPENDING  A  PARTY'S  FIREARMS
LICENSE,  AND/OR  DIRECTING  THAT  SUCH PARTY BE INELIGIBLE TO RECEIVE A
FIREARMS LICENSE.
  S 8. The first undesignated and closing paragraphs of subdivision 3 of
section 240 of the domestic relations law, as added by  chapter  606  of
the laws of 1999, are amended to read as follows:

A. 6406                             5

  (G)  Any  party moving for a temporary order of protection pursuant to
this subdivision during hours when the court is open shall  be  entitled
to  file  such  motion  or pleading containing such prayer for emergency
relief on the same day that such person first appears at such court, and
a hearing on the motion or portion of the pleading requesting such emer-
gency  relief  shall  be  held  on the same day or the next day that the
court is in session following the filing of such motion or pleading.
  (H) Upon issuance of an order of  protection  or  temporary  order  of
protection  or  upon  a  violation of such order, the court [may] SHALL,
WHERE APPLICABLE, make an order in accordance  with  [section]  SECTIONS
eight  hundred  forty-two-a  AND EIGHT HUNDRED FORTY-SIX-A of the family
court act directing the surrender of firearms, revoking or suspending  a
party's firearms license, and/or directing that such party be ineligible
to  receive  a firearms license. Upon issuance of an order of protection
pursuant to this section or upon a finding of a violation  thereof,  the
court  also may direct payment of restitution in an amount not to exceed
ten thousand dollars in accordance with subdivision (e) of section eight
hundred forty-one of such act; provided, however, that in no case  shall
an  order  of  restitution be issued where the court determines that the
party against whom the order would be issued has already compensated the
injured party or where such compensation  is  incorporated  in  a  final
judgment or settlement of the action.
  S  9.  Subdivision  9 of section 252 of the domestic relations law, as
added by chapter 606 of the laws of 1999, is amended to read as follows:
  9. Upon issuance of an order  of  protection  or  temporary  order  of
protection  or  upon  a  violation  of  such order, the court [may take]
SHALL, WHERE APPLICABLE, MAKE an  order  in  accordance  with  [section]
SECTIONS  eight hundred forty-two-a AND EIGHT HUNDRED FORTY-SIX-A of the
family court act  directing  the  surrender  of  firearms,  revoking  or
suspending  a party's firearms license, and/or directing that such party
be ineligible to receive a firearms license. Upon issuance of  an  order
of  protection pursuant to this section or upon a finding of a violation
thereof, the court also may direct payment of restitution in  an  amount
not to exceed ten thousand dollars in accordance with subdivision (e) of
section  eight hundred forty-one of such act; provided, however, that in
no case shall an order of restitution be issued where the  court  deter-
mines  that the party against whom the order would be issued has already
compensated the injured party or where such compensation is incorporated
in a final [judgement] JUDGMENT or settlement of the action.
  S 10. The opening paragraph and paragraph  (b)  of  subdivision  1  of
section 530.14 of the criminal procedure law, as added by chapter 644 of
the laws of 1996, are amended to read as follows:
  [Mandatory  and  permissive suspension] SUSPENSION of firearms license
and ineligibility for such a license upon issuance of temporary order of
protection.  Whenever a temporary order of protection is issued pursuant
to subdivision one of section  530.12  or  subdivision  one  of  section
530.13 of this article:
  (b)  the  court  [may]  SHALL where the court finds a substantial risk
that the defendant may use or  threaten  to  use  a  firearm  unlawfully
against  the  person or persons for whose protection the temporary order
of protection is issued, suspend any such existing license possessed  by
the  defendant,  order  the  defendant ineligible for such a license and
order the immediate surrender of any or all firearms owned or possessed.
  S 11. The opening paragraph and paragraph  (b)  of  subdivision  2  of
section 530.14 of the criminal procedure law, as added by chapter 644 of
the laws of 1996, are amended to read as follows:

A. 6406                             6

  [Mandatory  and  permissive  revocation]  REVOCATION  or suspension of
firearms license and ineligibility for such a license upon  issuance  of
an order of protection. Whenever an order of protection is issued pursu-
ant to subdivision five of section 530.12 or subdivision four of section
530.13 of this article:
  (b)  the  court  [may]  SHALL where the court finds a substantial risk
that the defendant may use or  threaten  to  use  a  firearm  unlawfully
against  the  person  or  persons  for  whose  protection  the  order of
protection is issued, (i) revoke any such existing license possessed  by
the  defendant,  order  the  defendant ineligible for such a license and
order the immediate surrender of any or all firearms owned or  possessed
or  (ii)  suspend  or  continue  to  suspend  any  such existing license
possessed by the defendant, order the defendant ineligible  for  such  a
license  and  order the immediate surrender of any or all firearms owned
or possessed.
  S 12. The opening paragraph and paragraph  (b)  of  subdivision  3  of
section  530.14  of the criminal procedure law, the opening paragraph as
amended by chapter 597 of the laws of 1998 and paragraph (b) as added by
chapter 644 of the laws of 1996, are amended to read as follows:
  [Mandatory and permissive  revocation]  REVOCATION  or  suspension  of
firearms  license and ineligibility for such a license upon a finding of
a willful failure to obey an order of protection. Whenever  a  defendant
has  been  found  pursuant  to  subdivision  eleven of section 530.12 or
subdivision eight of section 530.13 of this article  to  have  willfully
failed  to  obey  an  order of protection issued by a court of competent
jurisdiction in this state  or  another  state,  territorial  or  tribal
jurisdiction,  in  addition  to any other remedies available pursuant to
subdivision eleven of section 530.12 or  subdivision  eight  of  section
530.13 of this article:
  (b)  the  court  [may]  SHALL where the court finds a substantial risk
that the defendant may use or  threaten  to  use  a  firearm  unlawfully
against  the  person  or  persons  for  whose  protection  the  order of
protection was issued, (i) revoke any such existing license possessed by
the defendant, order the defendant ineligible for  such  a  license  and
order  the immediate surrender of any or all firearms owned or possessed
or (ii) suspend any such existing license possessed  by  the  defendant,
order  the defendant ineligible for such a license and order the immedi-
ate surrender of any or all firearms owned or possessed.
  S 13. This act shall take effect immediately.

co-Sponsors

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multi-Sponsors

2011-A6406A (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Family Court Act
Laws Affected:: Amd §§842-a & 846-a, add §§446-a, 552, 656-a, 1056-a & Art 7 Part 7 §780-a, Fam Ct Act; amd §§240 & 252, Dom Rel L; amd §530.14, CP L

2011-A6406A (ACTIVE) - Summary

2011-A6406A (ACTIVE) - Bill Text download pdf

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

                                 6406--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 16, 2011
                               ___________

Introduced by M. of A. WEINSTEIN, ROSENTHAL, JAFFEE, P. RIVERA, SCHIMEL,
  ENGLEBRIGHT  -- Multi-Sponsored by -- M. of A. CROUCH, PHEFFER -- read
  once and referred to the Committee on Codes --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the family court act, the domestic relations law and the
  criminal procedure law, in relation to  providing  for  the  mandatory
  suspension  or  revocation of the firearms license of a person against
  whom an order of protection or a temporary  order  of  protection  has
  been issued under certain circumstances, or upon violation of any such
  order

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

  Section 1. Subdivisions 1, 2 and 3 of  section  842-a  of  the  family
court act, as added by chapter 644 of the laws of 1996, paragraph (a) of
subdivision 1 as amended by chapter 434 of the laws of 2000, the opening
paragraph  of  subdivision  3  as  amended by chapter 597 of the laws of
1998, paragraph (a) of subdivision 3 as amended by chapter  635  of  the
laws of 1999, are amended to read as follows:
  1.  [Mandatory  and  permissive  suspension]  SUSPENSION  of  firearms
license and ineligibility for such a license  upon  the  issuance  of  a
temporary order of protection.  Whenever a temporary order of protection
is  issued  pursuant  to  section  eight  hundred  twenty-eight  of this
article, OR PURSUANT TO ARTICLE FOUR, FIVE, SIX, SEVEN OR  TEN  OF  THIS
ACT:
  (a) the court shall suspend any such existing license possessed by the
respondent,  order  the  respondent  ineligible  for such a license, and
order the immediate surrender of any or all firearms owned or  possessed
where  the court receives information that gives the court good cause to
believe that: (i) the respondent has a prior conviction of  any  violent
felony  offense  as  defined in section 70.02 of the penal law; (ii) the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09906-03-1

A. 6406--A                          2

respondent has previously been found to have willfully failed to obey  a
prior  order  of  protection  and  such willful failure involved (A) the
infliction of [serious] physical injury, as defined in subdivision [ten]
NINE of section 10.00 of the penal law, (B) the use or threatened use of
a  deadly  weapon  or dangerous instrument as those terms are defined in
subdivisions twelve and thirteen of section 10.00 of the penal  law,  or
(C)  behavior  constituting  any  violent  felony  offense as defined in
section 70.02 of the penal law; or (iii)  the  respondent  has  a  prior
conviction for stalking in the first degree as defined in section 120.60
of  the  penal  law, stalking in the second degree as defined in section
120.55 of the penal law, stalking in the  third  degree  as  defined  in
section  120.50  of  the  penal  law or stalking in the fourth degree as
defined in section 120.45 of such law; and
  (b) the court [may] SHALL where the court  finds  a  substantial  risk
that  the  respondent  may  use  or threaten to use a firearm unlawfully
against the person or persons for whose protection the  temporary  order
of  protection is issued, suspend any such existing license possessed by
the respondent, order the respondent ineligible for such a license,  and
order the immediate surrender of any or all firearms owned or possessed.
  2.  [Mandatory  and permissive revocation] REVOCATION or suspension of
firearms license and ineligibility for such a license upon the  issuance
of  an  order  of  protection. Whenever an order of protection is issued
pursuant to section eight hundred forty-one of this part, OR PURSUANT TO
ARTICLE FOUR, FIVE, SIX, SEVEN OR TEN OF THIS ACT:
  (a) the court shall revoke any such existing license possessed by  the
respondent,  order  the  respondent  ineligible  for such a license, and
order the immediate surrender of any or all firearms owned or  possessed
where the court finds that the conduct which resulted in the issuance of
the  order  of protection involved (i) the infliction of [serious] phys-
ical injury, as defined in subdivision [ten] NINE of  section  10.00  of
the  penal  law,  (ii)  the  use or threatened use of a deadly weapon or
dangerous instrument as those terms are defined in  subdivisions  twelve
and  thirteen  of  section  10.00  of  the  penal law, or (iii) behavior
constituting any violent felony offense as defined in section  70.02  of
the penal law; and
  (b)  the  court  [may] SHALL, where the court finds a substantial risk
that the respondent may use or threaten  to  use  a  firearm  unlawfully
against  the  person  or  persons  for  whose  protection  the  order of
protection is issued, (i) revoke any such existing license possessed  by
the  respondent,  order the respondent ineligible for such a license and
order the immediate surrender of any or all firearms owned or  possessed
or  (ii)  suspend  or  continue  to  suspend  any  such existing license
possessed by the respondent, order the respondent ineligible for such  a
license,  and order the immediate surrender of any or all firearms owned
or possessed.
  3. [Mandatory and permissive revocation] REVOCATION or  suspension  of
firearms  license and ineligibility for such a license upon a finding of
a willful failure to obey an order of protection OR TEMPORARY  ORDER  OF
PROTECTION.    Whenever a respondent has been found, pursuant to section
eight hundred forty-six-a of this part to have willfully failed to  obey
an  order of protection OR TEMPORARY ORDER OF PROTECTION issued PURSUANT
TO THIS ACT OR THE DOMESTIC RELATIONS LAW, OR by this court or [an order
of protection issued] by a court of competent  jurisdiction  in  another
state,  territorial  or  tribal  jurisdiction,  in addition to any other
remedies available pursuant to section eight hundred forty-six-a of this
part:

A. 6406--A                          3

  (a) the court shall revoke any such existing license possessed by  the
respondent,  order  the  respondent  ineligible  for such a license, and
order the immediate surrender of any or all firearms owned or  possessed
where the willful failure to obey such order involves (i) the infliction
of  [serious]  physical  injury, as defined in subdivision [ten] NINE of
section 10.00 of the penal law, (ii) the use  or  threatened  use  of  a
deadly  weapon  or  dangerous  instrument  as those terms are defined in
subdivisions twelve and thirteen of section 10.00 of the penal  law,  or
(iii)  behavior  constituting  any  violent felony offense as defined in
section 70.02 of the penal law; or (iv) behavior  constituting  stalking
in  the  first  degree  as  defined  in section 120.60 of the penal law,
stalking in the second degree as defined in section 120.55 of the  penal
law,  stalking  in  the third degree as defined in section 120.50 of the
penal law or stalking in the fourth degree as defined in section  120.45
of such law; and
  (b)  the  court  [may]  SHALL where the court finds a substantial risk
that the respondent may use or threaten  to  use  a  firearm  unlawfully
against  the  person  or  persons  for  whose  protection  the  order of
protection was issued, (i) revoke any such existing license possessed by
the respondent, order the respondent  ineligible  for  such  a  license,
whether  or  not  the respondent possesses such a license, and order the
immediate surrender of any or all firearms owned or  possessed  or  (ii)
suspend any such existing license possessed by the respondent, order the
respondent  ineligible  for  such  a  license,  and  order the immediate
surrender of any or all firearms owned or possessed.
  S 2. Section 846-a of the family court act, as amended by chapter  597
of the laws of 1998, is amended to read as follows:
  S  846-a.  Powers on failure to obey order. If a respondent is brought
before the court for failure to obey any lawful order issued under  this
article  or  an  order  of  protection  OR TEMPORARY ORDER OF PROTECTION
issued PURSUANT TO THIS ACT OR ISSUED by a court of competent  jurisdic-
tion of another state, territorial or tribal jurisdiction [in a proceed-
ing]  and  if,  after hearing, the court is satisfied by competent proof
that the respondent has willfully failed to obey  any  such  order,  the
court  may  modify an existing order OR TEMPORARY ORDER OF PROTECTION to
add  reasonable  conditions  of  behavior  to  the  existing  order  [of
protection],  make  a new order of protection in accordance with section
eight hundred forty-two OF THIS PART, may order the forfeiture  of  bail
in  a  manner consistent with article five hundred forty of the criminal
procedure law if bail has been ordered pursuant to this act,  may  order
the  respondent to pay the petitioner's reasonable and necessary counsel
fees in connection with the violation petition  where  the  court  finds
that the violation of its order was willful, and may commit the respond-
ent to jail for a term not to exceed six months.  Such commitment may be
served  upon  certain  specified  days or parts of days as the court may
direct, and the court may, at any time within the term of such sentence,
revoke such suspension and commit the respondent for  the  remainder  of
the original sentence, or suspend the remainder of such sentence. If the
court  determines  that  the willful failure to obey such order involves
violent behavior constituting the crimes of menacing, reckless endanger-
ment, assault or attempted assault and if such a respondent is  licensed
to  carry,  possess,  repair and dispose of firearms pursuant to section
400.00 of the penal law, the court  may  also  immediately  revoke  such
license  and may arrange for the immediate surrender and disposal of any
firearm such respondent owns or possesses.   If the willful  failure  to
obey  such order involves the infliction of [serious] physical injury as

A. 6406--A                          4

defined in subdivision [ten] NINE of section 10.00 of the penal  law  or
the use or threatened use of a deadly weapon or dangerous instrument, as
those  terms  are defined in subdivisions twelve and thirteen of section
10.00  of  the  penal  law,  such revocation and immediate surrender and
disposal of any firearm owned or possessed by respondent shall be manda-
tory, pursuant to subdivision eleven of section 400.00 of the penal law.
  S 3. The family court act is amended by adding a new section 446-a  to
read as follows:
  S  446-A.  FIREARMS;  SURRENDER AND LICENSE SUSPENSION, REVOCATION AND
INELIGIBILITY.  UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
ORDER OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT  SHALL
MAKE  A  DETERMINATION  REGARDING  THE  SUSPENSION  AND  REVOCATION OF A
LICENSE TO CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM  OR  FIREARMS,
INELIGIBILITY  FOR  SUCH  A  LICENSE  AND  THE  SURRENDER OF FIREARMS IN
ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-TWO-A OF THIS ACT.
  S 4. The family court act is amended by adding a new  section  552  to
read as follows:
  S  552.  FIREARMS;  SURRENDER  AND  LICENSE SUSPENSION, REVOCATION AND
INELIGIBILITY. UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR  TEMPORARY
ORDER  OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT SHALL
MAKE A DETERMINATION  REGARDING  THE  SUSPENSION  AND  REVOCATION  OF  A
LICENSE  TO  CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM OR FIREARMS,
INELIGIBILITY FOR SUCH A  LICENSE  AND  THE  SURRENDER  OF  FIREARMS  IN
ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-TWO-A OF THIS ACT.
  S 5.  The family court act is amended by adding a new section 656-a to
read as follows:
  S  656-A.  FIREARMS;  SURRENDER AND LICENSE SUSPENSION, REVOCATION AND
INELIGIBILITY. UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR  TEMPORARY
ORDER  OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT SHALL
MAKE A DETERMINATION  REGARDING  THE  SUSPENSION  AND  REVOCATION  OF  A
LICENSE  TO  CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM OR FIREARMS,
INELIGIBILITY FOR SUCH A  LICENSE  AND  THE  SURRENDER  OF  FIREARMS  IN
ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-TWO-A OF THIS ACT.
  S  6. Part 7 of article 7 of the family court act is amended by adding
a new section 780-a to read as follows:
  S 780-A. FIREARMS; SURRENDER AND LICENSE  SUSPENSION,  REVOCATION  AND
INELIGIBILITY.  UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
ORDER OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT  SHALL
MAKE  A  DETERMINATION  REGARDING  THE  SUSPENSION  AND  REVOCATION OF A
LICENSE TO CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM  OR  FIREARMS,
INELIGIBILITY  FOR  SUCH  A  LICENSE  AND  THE  SURRENDER OF FIREARMS IN
ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-TWO-A OF THIS ACT.
  S 7.  The family court act is amended by adding a new  section  1056-a
to read as follows:
  S  1056-A.  FIREARMS; SURRENDER AND LICENSE SUSPENSION, REVOCATION AND
INELIGIBILITY. UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR  TEMPORARY
ORDER  OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT SHALL
MAKE AN ORDER IN ACCORDANCE WITH SECTION EIGHT  HUNDRED  FORTY-TWO-A  OF
THIS ACT.
  S 8. The first undesignated and closing paragraphs of subdivision 3 of
section  240  of  the domestic relations law, as added by chapter 606 of
the laws of 1999, are amended to read as follows:
  G. Any party moving for a temporary order of  protection  pursuant  to
this  subdivision  during hours when the court is open shall be entitled
to file such motion or pleading containing  such  prayer  for  emergency
relief on the same day that such person first appears at such court, and

A. 6406--A                          5

a hearing on the motion or portion of the pleading requesting such emer-
gency  relief  shall  be  held  on the same day or the next day that the
court is in session following the filing of such motion or pleading.
  H.  Upon  issuance  of  an  order  of protection or temporary order of
protection or upon a violation of such order, the court [may] SHALL make
[an order] A DETERMINATION REGARDING THE SUSPENSION AND REVOCATION OF  A
LICENSE  TO  CARRY, POSSESS, REPAIR OR DISPOSE OF A FIREARM OR FIREARMS,
INELIGIBILITY FOR SUCH A  LICENSE  AND  THE  SURRENDER  OF  FIREARMS  in
accordance  with  [section] SECTIONS eight hundred forty-two-a AND EIGHT
HUNDRED FORTY-SIX-A of the family court act [directing the surrender  of
firearms,  revoking  or  suspending  a  party's firearms license, and/or
directing that such party be ineligible to receive a firearms  license],
AS  APPLICABLE. Upon issuance of an order of protection pursuant to this
section or upon a finding of a violation thereof,  the  court  also  may
direct  payment  of  restitution in an amount not to exceed ten thousand
dollars in accordance with subdivision  (e)  of  section  eight  hundred
forty-one of such act; provided, however, that in no case shall an order
of  restitution  be  issued  where  the  court determines that the party
against whom the order would  be  issued  has  already  compensated  the
injured  party  or  where  such  compensation is incorporated in a final
judgment or settlement of the action.
  S 9. Subdivision 9 of section 252 of the domestic  relations  law,  as
added by chapter 606 of the laws of 1999, is amended to read as follows:
  9.  Upon  issuance  of  an  order  of protection or temporary order of
protection or upon a violation of such order, the  court  [may  take  an
order]  SHALL  MAKE A DETERMINATION REGARDING THE SUSPENSION AND REVOCA-
TION OF A LICENSE TO CARRY, POSSESS, REPAIR OR DISPOSE OF A  FIREARM  OR
FIREARMS, INELIGIBILITY FOR SUCH A LICENSE AND THE SURRENDER OF FIREARMS
in  accordance  with  [section]  SECTIONS  eight hundred forty-two-a AND
EIGHT HUNDRED FORTY-SIX-A of the family court act [directing the surren-
der of firearms, revoking or  suspending  a  party's  firearms  license,
and/or  directing  that  such  party be ineligible to receive a firearms
license], AS APPLICABLE. Upon issuance of an order of protection  pursu-
ant  to this section or upon a finding of a violation thereof, the court
also may direct payment of restitution in an amount not  to  exceed  ten
thousand  dollars  in  accordance  with subdivision (e) of section eight
hundred forty-one of such act; provided, however, that in no case  shall
an  order  of  restitution be issued where the court determines that the
party against whom the order would be issued has already compensated the
injured party or where such compensation  is  incorporated  in  a  final
[judgement] JUDGMENT or settlement of the action.
  S  10.  The  opening  paragraph  and paragraph (b) of subdivision 1 of
section 530.14 of the criminal procedure law, as added by chapter 644 of
the laws of 1996, are amended to read as follows:
  [Mandatory and permissive suspension] SUSPENSION of  firearms  license
and ineligibility for such a license upon issuance of temporary order of
protection.  Whenever a temporary order of protection is issued pursuant
to  subdivision  one  of  section  530.12  or subdivision one of section
530.13 of this article:
  (b) the court [may] SHALL where the court  finds  a  substantial  risk
that  the  defendant  may  use  or  threaten to use a firearm unlawfully
against the person or persons for whose protection the  temporary  order
of  protection is issued, suspend any such existing license possessed by
the defendant, order the defendant ineligible for  such  a  license  and
order the immediate surrender of any or all firearms owned or possessed.

A. 6406--A                          6

  S  11.  The  opening  paragraph  and paragraph (b) of subdivision 2 of
section 530.14 of the criminal procedure law, as added by chapter 644 of
the laws of 1996, are amended to read as follows:
  [Mandatory  and  permissive  revocation]  REVOCATION  or suspension of
firearms license and ineligibility for such a license upon  issuance  of
an order of protection. Whenever an order of protection is issued pursu-
ant to subdivision five of section 530.12 or subdivision four of section
530.13 of this article:
  (b)  the  court  [may]  SHALL where the court finds a substantial risk
that the defendant may use or  threaten  to  use  a  firearm  unlawfully
against  the  person  or  persons  for  whose  protection  the  order of
protection is issued, (i) revoke any such existing license possessed  by
the  defendant,  order  the  defendant ineligible for such a license and
order the immediate surrender of any or all firearms owned or  possessed
or  (ii)  suspend  or  continue  to  suspend  any  such existing license
possessed by the defendant, order the defendant ineligible  for  such  a
license  and  order the immediate surrender of any or all firearms owned
or possessed.
  S 12. The opening paragraph and paragraph  (b)  of  subdivision  3  of
section  530.14  of the criminal procedure law, the opening paragraph as
amended by chapter 597 of the laws of 1998 and paragraph (b) as added by
chapter 644 of the laws of 1996, are amended to read as follows:
  [Mandatory and permissive  revocation]  REVOCATION  or  suspension  of
firearms  license and ineligibility for such a license upon a finding of
a willful failure to obey an order of protection. Whenever  a  defendant
has  been  found  pursuant  to  subdivision  eleven of section 530.12 or
subdivision eight of section 530.13 of this article  to  have  willfully
failed  to  obey  an  order of protection issued by a court of competent
jurisdiction in this state  or  another  state,  territorial  or  tribal
jurisdiction,  in  addition  to any other remedies available pursuant to
subdivision eleven of section 530.12 or  subdivision  eight  of  section
530.13 of this article:
  (b)  the  court  [may]  SHALL where the court finds a substantial risk
that the defendant may use or  threaten  to  use  a  firearm  unlawfully
against  the  person  or  persons  for  whose  protection  the  order of
protection was issued, (i) revoke any such existing license possessed by
the defendant, order the defendant ineligible for  such  a  license  and
order  the immediate surrender of any or all firearms owned or possessed
or (ii) suspend any such existing license possessed  by  the  defendant,
order  the defendant ineligible for such a license and order the immedi-
ate surrender of any or all firearms owned or possessed.
  S 13. This act shall take effect immediately.

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Assembly Bill A6406

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Archive: Last Bill Status - In Senate Committee Children And Families Committee

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Sponsored By

WEINSTEIN

Archive: Last Bill Status - In Senate Committee Children And Families Committee

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co-Sponsors

Linda Rosenthal

Ellen C. Jaffee

Peter Rivera

Michelle Schimel

multi-Sponsors

Clifford Crouch

Audrey Pheffer

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Linda Rosenthal

Ellen C. Jaffee

Peter Rivera

Michelle Schimel

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Richard Gottfried

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