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Assembly Bill A980

2017-2018 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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2017-A980 (ACTIVE) - Details

See Senate Version of this Bill:
S5963
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §370.15, CP L
Versions Introduced in 2015-2016 Legislative Session:
A5257

2017-A980 (ACTIVE) - Summary

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

2017-A980 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    980
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 Introduced by M. of A. PAULIN, ZEBROWSKI, MOSLEY, GOTTFRIED, MAGNARELLI,
   OTIS,   QUART,  KAVANAGH,  WALKER,  BRONSON,  FAHY,  STECK,  BUCHWALD,
   SEAWRIGHT -- Multi-Sponsored by -- M. of A. GALEF, RICHARDSON, RIVERA,
   SIMON, 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.
                                                            LBD01087-01-7

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