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Assembly Bill A5257

2015-2016 Legislative Session

Relates to orders to surrender eligible weapons; requires the surrender of weapons following a conviction in certain misdemeanor cases

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2015-A5257 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง370.15, CP L
Versions Introduced in 2017-2018 Legislative Session:
A980

2015-A5257 (ACTIVE) - Summary

Relates to orders to surrender eligible weapons; requires the surrender of weapons following a conviction in certain misdemeanor cases.

2015-A5257 (ACTIVE) - Bill Text download pdf 

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

                                  5257

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2015
                               ___________

Introduced by M. of A. PAULIN, ZEBROWSKI, MOSLEY, GOTTFRIED, MAGNARELLI,
  OTIS,  QUART,  ROBINSON, SCARBOROUGH -- Multi-Sponsored by -- M. of A.
  GALEF, RIVERA, THIELE -- read once and referred to  the  Committee  on
  Codes

AN  ACT  to  amend  the criminal procedure law, in relation to orders to
  surrender eligible weapons

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

  Section  1. Section 370.15 of the criminal procedure law is amended by
adding three new subdivisions 4, 5 and 6 to read as follows:
  4. UPON JUDGMENT OF CONVICTION AND DETERMINATION OF THE  DEFENDANT  TO
BE  RELATED  OR SITUATED TO THE VICTIM AS SET FORTH IN THIS SECTION, THE
COURT SHALL REQUIRE THE RESPONDENT TO INFORM THE COURT OF ALL  FIREARMS,
RIFLES,   SHOTGUNS,   BLACK   POWDER   RIFLES,  BLACK  POWDER  SHOTGUNS,
MUZZLE-LOADING FIREARMS OR ANTIQUE FIREARMS HE OR SHE OWNS OR POSSESSES.
THE COURT SHALL ORDER THE IMMEDIATE SURRENDER PURSUANT  TO  SUBPARAGRAPH
(F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 OF THE PENAL LAW
AND  SUBDIVISION  SIX  OF SECTION 400.05 OF THE PENAL LAW, OF ANY OR ALL
FIREARMS, RIFLES, SHOTGUNS, BLACK POWDER RIFLES, BLACK POWDER  SHOTGUNS,
MUZZLE-LOADING  FIREARMS  OR  ANTIQUE FIREARMS OWNED OR POSSESSED BY THE
DEFENDANT.
  5. THE COURT ORDERING THE SURRENDER OF ANY  FIREARM,  RIFLE,  SHOTGUN,
BLACK  POWDER  RIFLE,  BLACK  POWDER  SHOTGUN, MUZZLE-LOADING FIREARM OR
ANTIQUE FIREARM AS PROVIDED IN THIS SECTION SHALL IMMEDIATELY NOTIFY THE
DULY CONSTITUTED POLICE AUTHORITIES OF THE LOCALITY OF SUCH  ACTION  AND
THE  DIVISION  OF STATE POLICE AT ITS OFFICE IN THE CITY OF ALBANY.  THE
COURT SHALL DIRECT THE AUTHORITY RECEIVING  SUCH  SURRENDERED  FIREARMS,
RIFLES,   SHOTGUNS,   BLACK   POWDER   RIFLES,  BLACK  POWDER  SHOTGUNS,
MUZZLE-LOADING FIREARMS OR ANTIQUE FIREARMS TO  IMMEDIATELY  NOTIFY  THE
COURT OF SUCH SURRENDER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02897-04-5

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