Senate Bill S7205

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
May 02, 2012	referred to children and families

2011-S7205 (ACTIVE) - Details

See Assembly Version of this Bill:: A6406
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-S7205 (ACTIVE) - 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-S7205 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7205

TITLE OF BILL:
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

PURPOSE OF BILL:
The purpose of this measure is to
enhance protections
for the safety of victims of domestic violence by strengthening the
firearm surrender, and gun license suspension and revocation
provisions in family court, matrimonial and criminal cases where an
order of protection has been issued.

SUMMARY OF PROVISIONS OF BILL:
Section 1 amends subdivisions 1, 2 and
3 of §842-a of the Family Court Act to require a court to direct
immediate suspension of firearm licenses, order the respondent
ineligible for such licenses and to direct immediate surrender of all
firearms owned or possessed by the person against whom a temporary
order of protection or final order of protection is issued or in
instances of willful violation of such orders where the court finds a

"substantial risk" that the individual may use or threaten to use a
firearm unlawfully against the person for whose protection the order
was issued. At present directing surrender of firearms and suspension
of and ineligibility for firearm licenses where there is such a
substantial risk is discretionary.

This section cross references other sections of the family court act
where an order of protection may be issued to ensure that the same
firearm suspension, revocation and ineligibility provisions apply
uniformly in other instances where an order of protection is issued
in family court.

Additionally, this section replaces the term "serious physical injury"
with "physical injury" in the firearm suspension provisions of the
family court act to conform to the 2007 amendments made to its
criminal procedure law counterparts.

Section amends §846-a of the family court act to make corresponding
changes to the firearm surrender and gun license suspension and
revocation provisions therein.

Sections 3, 4, 5, 6 and 7 amend articles 4, 5, 6, 7 and 10 of the family
court act respectively by adding a new section to each of those
articles (§446-a, 552-a, 656-a, 780-a, 1056-a) with identical
language providing that the firearm surrender and license suspension,
revocation and ineligibility provisions as outlined in Article 8 of
the family court act will apply.

Sections 8 and 9 amend sections 240 and 252 of the Domestic Relations
Law to make corresponding changes to the firearm surrender and gun


license suspension and revocation provisions applicable to orders of
protection and temporary orders of protection issued in matrimonial
actions.

Sections 10, 11 and 12 amend subdivisions 1, 2 and 3, respectively of
the criminal procedure law to make conforming changes to the existing
firearm surrender and gun license suspension, revocation and
eligibility provisions applicable in a criminal case where a
temporary or final order of protection is issued and in cases where
the respondent has been found to have willfully violated a pending
order of protection where the court finds a "substantial risk" that
the individual may use or threaten to use a firearm unlawfully
against the person for whose protection the order was issued.

Section 13 provides for an immediate effective date.

JUSTIFICATION:
This measure makes changes to the firearms provisions
of the Family Court Act to conform to the 2007 amendments made to its
Criminal Procedure Law counterparts relating to surrender,
suspension, revocation of and ineligibility for firearms where a
respondent has previously been found to have willfully violated a
prior order of protection or temporary order of protection and where
such violation involved infliction of physical injury. There is no
reason why these conforming changes should not be made to the Family
Court Act.

In addition, this measure clarifies that the same firearm procedures
governing family offense proceedings under article eight of the
Family Court Act will apply to orders of protection issued in other
contexts in family court and in matrimonial cases under the domestic
relations law. Orders of protection may be issued in the context of a
criminal proceeding or in the context of a family court proceeding in
family court. They may also be issued in the context of other family
court proceedings such as child support, custody/visitation,
paternity, PINS and abuse and neglect cases, as well as in the
context of a matrimonial proceeding under the Domestic Relations Law.
However, at present, the firearm surrender and gun license
suspension, revocation and ineligibility provisions and procedures
are referenced only in the Criminal Procedure Law and in article
eight of the Family Court Act. This proposal remedies this by cross
referencing the relevant article eight provisions of the Family Court
Act.

Lastly, this measure amends the Family Court Act and the Criminal
Procedure Law to make immediate surrender of firearms mandatory where
the court finds a substantial risk that the individual may use or
threaten to use a firearm unlawfully against the person for whose
protection the order is issued. Currently, mandatory suspension of
firearms despite such a substantial risk to the protected party is
discretionary, except under certain very limited circumstances.

Orders of protection are intended to prevent violent crimes from
occurring and are issued in cases involving domestic violence.
However, individuals against whom such orders are issued often ignore
the restrictions contained in such orders and, when they possess a
firearm, the consequences can be tragic. There is not reason why


firearms should be permitted to remain in the hands of those who
present a "substantial risk" that they may use a firearm to harm the
person for whose protection the order is issued.

Domestic violence continues unabated and in some parts of the state,
intimate partner violence is on the rise. According to the Office of
Prevention of Domestic violence, domestic violence indicators are on
the rise. Horrific incidents of domestic violence related homicides
continue as spotlighted by media coverage of recent tragic domestic
violence related homicides in New York.

Close to a quarter of all homicides reported outside of New York City
in 2009 were domestic violence related. Domestic violence is the
leading cause of homicide for women. In 2009, women accounted for 67%
of domestic homicides in New York as compared to 13% of all other
homicides.
Females were victims in 76% of the intimate partner homicides reported
in 2009. In addition, in 2009 firearms were used in 25% of domestic
homicides statewide. Ensuring that firearms are removed from the
hands of perpetrators of domestic abuse where there is a substantial
risk to the victim will help increase victim safety. This bill will
minimize the risk that a respondent or defendant will injure the
victim with a firearm despite the existence of a current order of
protection.

LEGISLATIVE HISTORY:
New bill, 2011

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
Immediately.

2011-S7205 (ACTIVE) - Bill Text download pdf

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

                                  7205

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

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]
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

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

                                                           LBD09906-04-2

S. 7205                             2

(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) 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

S. 7205                             3

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
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. 7205                             4

  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 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

S. 7205                             5

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.
  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-

S. 7205                             6

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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Senate Bill S7205

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

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2011-S7205 (ACTIVE) - Details

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Sponsored By

Diane J. Savino

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

Actions

2011-S7205 (ACTIVE) - Details

2011-S7205 (ACTIVE) - Summary

2011-S7205 (ACTIVE) - Sponsor Memo

2011-S7205 (ACTIVE) - Bill Text download pdf

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