senate Bill S674

2011-2012 Legislative Session

Relates to the suspension and revocation of firearms licenses upon the issuance of orders of protection

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Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 12, 2012 committee discharged and committed to rules
Mar 08, 2012 notice of committee consideration - requested
Jan 04, 2012 referred to crime victims, crime and correction
Mar 31, 2011 committee discharged and committed to crime victims, crime and correction
Mar 08, 2011 notice of committee consideration - requested
Jan 05, 2011 referred to codes

Co-Sponsors

S674 - Details

See Assembly Version of this Bill:
A1475
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §530.14, CP L; amd §§842-a & 846-a, Fam Ct Act
Versions Introduced in 2009-2010 Legislative Session:
S7142A, A10436A

S674 - Summary

Relates to the suspension and revocation of firearms licenses upon the issuance of orders of protection.

S674 - Sponsor Memo

S674 - Bill Text download pdf

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

                                   674

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law and the family court act,  in
  relation  to  the  mandatory  suspension  and  revocation  of firearms
  licenses upon issuance of orders of protection

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

  Section  1.   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 of firearms license and ineligi-
bility  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  2.   Subdivision 2 of section 530.14 of the criminal procedure law,
as added by chapter 644 of the laws of  1996,  is  amended  to  read  as
follows:
  2.  Mandatory  [and  permissive]  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 pursuant to
subdivision five of section 530.12 or subdivision four of section 530.13
of this article:
  (a) the court shall 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  where
such action is required by section 400.00 of the penal law; and

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