[ ] is old law to be omitted.
LBD15808-01-8
A. 10773 2
THIS CHAPTER SUSPENDED OR REVOKED, WAS ORDERED INELIGIBLE FOR SUCH A
LICENSE OR WAS ORDERED TO SURRENDER HIS OR HER FIREARMS, RIFLES OR SHOT-
GUNS AND ANY AMMUNITION FOR SUCH WEAPONS.
UNLAWFUL PURCHASE OF AMMUNITION BY A DOMESTIC VIOLENCE OFFENDER IS A
MISDEMEANOR.
§ 3. The opening paragraph of subdivision a and the opening paragraph
and subparagraph (f) of paragraph 1 of subdivision a of section 265.20
of the penal law, the opening paragraph of subdivision a as amended by
section 1 of part FF of chapter 57 of the laws of 2013, the opening
paragraph of paragraph 1 of subdivision a as amended by chapter 1041 of
the laws of 1974, and subparagraph (f) of paragraph 1 of subdivision a
as amended by chapter 578 of the laws of 2006, are amended to read as
follows:
Paragraph (h) of subdivision twenty-two of section 265.00 and sections
265.01, 265.01-a, subdivision one of section 265.01-b, 265.02, 265.03,
265.04, 265.05, 265.07, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36,
265.37 and 270.05 shall not apply to:
Possession of any of the weapons, AMMUNITION, instruments, appliances
or substances specified in sections 265.01, 265.02, 265.03, 265.04,
265.05, 265.07 and 270.05 by the following:
(f) A person voluntarily surrendering such weapon, AMMUNITION, instru-
ment, appliance or substance, provided that such surrender shall be made
to the superintendent of the division of state police or a member there-
of designated by such superintendent, or to the sheriff of the county in
which such person resides, or in the county of Nassau or in the towns of
Babylon, Brookhaven, Huntington, Islip and Smithtown in the county of
Suffolk to the commissioner of police or a member of the police depart-
ment thereof designated by such commissioner, or if such person resides
in a city, town other than one named in this subparagraph, or village to
the police commissioner or head of the police force or department there-
of or to a member of the force or department designated by such commis-
sioner or head; and provided, further, that the same shall be surren-
dered by such person in accordance with such terms and conditions as may
be established by such superintendent, sheriff, police force or depart-
ment. Nothing in this paragraph shall be construed as granting immunity
from prosecution for any crime or offense except that of unlawful
possession of such weapons, AMMUNITION, instruments, appliances or
substances surrendered as herein provided. A person who possesses any
such weapon, AMMUNITION, instrument, appliance or substance as an execu-
tor or administrator or any other lawful possessor of such property of a
decedent may continue to possess such property for a period not over
fifteen days. If such property is not lawfully disposed of within such
period the possessor shall deliver it to an appropriate official
described in this paragraph or such property may be delivered to the
superintendent of state police. Such officer shall hold it and shall
thereafter deliver it on the written request of such executor, adminis-
trator or other lawful possessor of such property to a named person,
provided such named person is licensed to or is otherwise lawfully
permitted to possess the same. If no request to deliver the property is
received by such official within one year of the delivery of such prop-
erty, such official shall dispose of it in accordance with the
provisions of section 400.05 of this chapter.
§ 4. Subdivision 6 of section 400.05 of the penal law, as amended by
chapter 578 of the laws 2006, is amended to read as follows:
6. A firearm or other weapon OR AMMUNITION which is surrendered, or is
otherwise voluntarily delivered pursuant to section 265.20 of this chap-
A. 10773 3
ter and which has not been declared a nuisance pursuant to subdivision
one of this section, shall be retained by the official to whom it was
delivered for a period not to exceed one year. Prior to the expiration
of such time period, a person who surrenders a firearm OR AMMUNITION
shall have the right to arrange for the sale, or transfer, of such
firearm OR AMMUNITION to a dealer in firearms licensed in accordance
with this chapter or for the transfer of such firearm to himself or
herself provided that a license therefor has been issued in accordance
with this chapter. If no lawful disposition of the firearm or other
weapon OR AMMUNITION is made within the time provided, the firearm or
weapon concerned shall be declared a nuisance and shall be disposed of
in accordance with the provisions of this section.
§ 5. Paragraph (c) of subdivision 11 of section 400.00 of the penal
law, as added by chapter 1 of the laws of 2013, is amended to read as
follows:
(c) In any instance in which a person's license is suspended or
revoked under paragraph (a) or (b) of this subdivision, such person
shall surrender such license to the appropriate licensing official and
any and all firearms, rifles, or shotguns AND ANY AMMUNITION owned or
possessed by such person shall be surrendered to an appropriate law
enforcement agency as provided in subparagraph (f) of paragraph one of
subdivision a of section 265.20 of this chapter. In the event such
license, firearm, shotgun, [or] rifle OR ANY AMMUNITION is not surren-
dered, such items shall be removed and declared a nuisance and any
police officer or peace officer acting pursuant to his or her special
duties is authorized to remove any and all such weapons AND AMMUNITION.
§ 6. Paragraphs (a) and (b) of subdivision 1, paragraphs (a) and (b)
of subdivision 2, paragraphs (a) and (b) of subdivision 3, subdivision
5, and paragraphs (a) and (b) of subdivision 6 of section 530.14 of the
criminal procedure law, as amended by chapter 60 of the laws of 2018,
are amended to read as follows:
(a) the court shall 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, rifles [and], shotguns
AND AMMUNITION owned or possessed where the court receives information
that gives the court good cause to believe that (i) the defendant has a
prior conviction of any violent felony offense as defined in section
70.02 of the penal law; (ii) the defendant has previously been found to
have willfully failed to obey a prior order of protection and such will-
ful failure involved (A) the infliction of physical injury, as defined
in subdivision 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 defendant 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 shall where the court finds a substantial risk that the
defendant may use or threaten to use a firearm, rifle or shotgun unlaw-
fully 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 pursuant to subparagraph (f)
A. 10773 4
of paragraph one of subdivision a of section 265.20 and subdivision six
of section 400.05 of the penal law, of any or all firearms, rifles
[and], shotguns AND AMMUNITION owned or possessed.
(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, rifles [and], shotguns
AND AMMUNITION owned or possessed where such action is required by
section 400.00 of the penal law; and
(b) the court shall where the court finds a substantial risk that the
defendant may use or threaten to use a firearm, [rifles] RIFLE or [shot-
guns] SHOTGUN unlawfully against the person or persons for whose
protection the order of protection is issued, (i) revoke any such exist-
ing license possessed by the defendant, order the defendant ineligible
for such a license and order the immediate surrender of any or all
firearms, rifles [and], shotguns AND AMMUNITION 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 pursuant to subparagraph (f) of paragraph
one of subdivision a of section 265.20 and subdivision six of section
400.05 of the penal law, of any or all firearms, rifles [and], shotguns
AND AMMUNITION owned or possessed.
(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, rifles [and], shotguns
AND AMMUNITION owned or possessed where the willful failure to obey such
order involved (i) the infliction of physical injury, as defined in
subdivision 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, (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 shall where the court finds a substantial risk that the
defendant may use or threaten to use a firearm, rifle or shotgun unlaw-
fully 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 pursuant to subparagraph (f) of paragraph
one of subdivision a of section 265.20 and subdivision six of section
400.05 of the penal law, of any or all firearms, rifles [and], shotguns
AND AMMUNITION 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 immediate surrender pursuant to subpara-
graph (f) of paragraph one of subdivision a of section 265.20 and subdi-
vision six of section 400.05 of the penal law, of any or all firearms,
rifles [and], shotguns AND AMMUNITION owned or possessed.
5. Surrender. (a) Where an order to surrender one or more firearms,
rifles [and], shotguns AND AMMUNITION has been issued, the temporary
order of protection or order of protection shall specify the place where
such weapons AND AMMUNITION shall be surrendered, shall specify a date
and time by which the surrender shall be completed and, to the extent
possible, shall describe such weapons AND AMMUNITION to be surrendered,
A. 10773 5
and shall direct the authority receiving such surrendered weapons AND
AMMUNITION to immediately notify the court of such surrender.
(b) The prompt surrender of one or more firearms, rifles or shotguns
AND ANY AMMUNITION pursuant to a court order issued pursuant to this
section shall be considered a voluntary surrender for purposes of
subparagraph (f) of paragraph one of subdivision a of section 265.20 of
the penal law. The disposition of any such weapons AND AMMUNITION shall
be in accordance with the provisions of subdivision six of section
400.05 of the penal law; provided, however, that upon termination of any
suspension order issued pursuant to this section or section eight
hundred forty-two-a of the family court act, upon written application of
the subject of the order, with notice and opportunity to be heard to the
district attorney, the county attorney, the protected party, and every
licensing officer responsible for issuance of a firearms license to the
subject of the order pursuant to article four hundred of the penal law,
and upon a written finding that there is no legal impediment to the
subject's possession of a surrendered firearm, rifle or shotgun AND ANY
AMMUNITION, any court of record exercising criminal jurisdiction may
order the return of a firearm, rifle or shotgun AND ANY AMMUNITION not
otherwise disposed of in accordance with subdivision six of section
400.05 of the penal law. When issuing such order in connection with any
firearm subject to a license requirement under article four hundred of
the penal law, if the licensing officer informs the court that he or she
will seek to revoke the license, the order shall be stayed by the court
until the conclusion of any license revocation proceeding.
(c) The provisions of this section shall not be deemed to limit,
restrict or otherwise impair the authority of the court to order and
direct the surrender of any or all firearms, rifles [and], shotguns AND
AMMUNITION owned or possessed by a defendant pursuant to sections 530.12
or 530.13 of this article.
(a) Where an order requiring surrender, revocation, suspension or
ineligibility has been issued pursuant to this section, any temporary
order of protection or order of protection issued shall state that such
firearm license has been suspended or revoked or that the defendant is
ineligible for such license, as the case may be, and that the defendant
is prohibited from possessing any firearm, rifle or shotgun AND ANY
AMMUNITION.
(b) The court revoking or suspending the license, ordering the defend-
ant ineligible for such a license, or ordering the surrender of any
firearm, rifle or shotgun AND ANY AMMUNITION shall immediately notify
the duly constituted police authorities of the locality concerning such
action and, in the case of orders of protection and temporary orders of
protection issued pursuant to section 530.12 of this article, shall
immediately notify the statewide registry of orders of protection.
§ 7. Paragraphs (a) and (b) of subdivision 1, paragraphs (a) and (b)
of subdivision 2, paragraphs (a) and (b) of subdivision 3, subdivision
5, and paragraphs (a) and (b) of subdivision 6 of section 842-a of the
family court act, as amended by chapter 60 of the laws of 2018, are
amended to read as follows:
(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 pursuant to subparagraph (f) of paragraph
one of subdivision a of section 265.20 and subdivision six of section
400.05 of the penal law, of any or all firearms, rifles [and], shotguns
AND AMMUNITION owned or possessed where the court receives information
that gives the court good cause to believe that: (i) the respondent has
A. 10773 6
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 will-
ful failure involved (A) the infliction of physical injury, as defined
in subdivision 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 shall where the court finds a substantial risk that the
respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
fully 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 pursuant to subparagraph (f)
of paragraph one of subdivision a of section 265.20 and subdivision six
of section 400.05 of the penal law, of any or all firearms, rifles
[and], shotguns AND AMMUNITION owned or possessed.
(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 pursuant to subparagraph (f) of paragraph
one of subdivision a of section 265.20 and subdivision six of section
400.05 of the penal law, of any or all firearms, rifles [and], shotguns
AND AMMUNITION 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 physical injury, as defined in subdivision 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 shall, where the court finds a substantial risk that the
respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
fully 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 pursuant to subparagraph (f) of paragraph
one of subdivision a of section 265.20 and subdivision six of section
400.05 of the penal law, of any or all firearms, rifles [and], shotguns
AND AMMUNITION 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 pursuant to subparagraph (f) of paragraph one of subdivision a
of section 265.20 and subdivision six of section 400.05 of the penal
law, of any or all firearms, rifles [and], shotguns AND AMMUNITION owned
or possessed.
(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 pursuant to subparagraph (f) of paragraph
one of subdivision a of section 265.20 and subdivision six of section
400.05 of the penal law, of any or all firearms, rifles [and], shotguns
A. 10773 7
AND AMMUNITION owned or possessed where the willful failure to obey such
order involves (i) the infliction of physical injury, as defined in
subdivision 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 shall where the court finds a substantial risk that the
respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
fully 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 pursuant to subparagraph (f) of paragraph one of
subdivision a of section 265.20 and subdivision six of section 400.05 of
the penal law, of any or all firearms, rifles [and], shotguns AND AMMU-
NITION 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,
rifles [and], shotguns AND AMMUNITION owned or possessed.
5. Surrender. (a) Where an order to surrender one or more firearms,
rifles or shotguns AND ANY AMMUNITION has been issued, the temporary
order of protection or order of protection shall specify the place where
such weapons AND AMMUNITION shall be surrendered, shall specify a date
and time by which the surrender shall be completed and, to the extent
possible, shall describe such weapons AND AMMUNITION to be surrendered
and shall direct the authority receiving such surrendered weapons AND
AMMUNITION to immediately notify the court of such surrender.
(b) The prompt surrender of one or more firearms, rifles or shotguns
AND ANY AMMUNITION pursuant to a court order issued pursuant TO this
section shall be considered a voluntary surrender for purposes of
subparagraph (f) of paragraph one of subdivision a of section 265.20 of
the penal law. The disposition of any such weapons AND AMMUNITION shall
be in accordance with the provisions of subdivision six of section
400.05 of the penal law; provided, however that upon the termination of
any suspension order issued pursuant to this section, any court of
record exercising criminal jurisdiction may order the return of a
firearm, rifle or shotgun AND ANY AMMUNITION pursuant to paragraph b of
subdivision five of section 530.14 of the criminal procedure law.
(c) The provisions of this section shall not be deemed to limit,
restrict or otherwise impair the authority of the court to order and
direct the surrender of any or all pistols, revolvers, rifles, shotguns
or other firearms AND ANY AMMUNITION owned or possessed by a respondent
pursuant to this act.
(a) Where an order requiring surrender, revocation, suspension or
ineligibility has been issued pursuant to this section, any temporary
order of protection or order of protection issued shall state that such
firearm license has been suspended or revoked or that the respondent is
ineligible for such license, as the case may be, and that the defendant
is prohibited from possessing any firearms, rifles or shotguns AND ANY
AMMUNITION.
A. 10773 8
(b) The court revoking or suspending the license, ordering the
respondent ineligible for such license, or ordering the surrender of any
firearm, [rifles] RIFLE or [shotguns] SHOTGUN AND ANY AMMUNITION shall
immediately notify the statewide registry of orders of protection and
the duly constituted police authorities of the locality of such action.
§ 8. Section 370.25 of the criminal procedure law, as added by chapter
60 of the laws of 2018, is amended to read as follows:
§ 370.25 Procedure for the surrender of firearms, rifles [and], shot-
guns AND AMMUNITION upon judgment of conviction for a felo-
ny or a serious offense.
1. Upon judgment of conviction for a felony or a serious offense, the
court shall inquire of the defendant as to the existence of all
firearms, rifles [and], shotguns AND AMMUNITION 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 [and], shotguns AND AMMUNITION owned or
possessed by the defendant.
2. The court ordering the surrender of any firearms, rifles or shot-
guns AND ANY AMMUNITION 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 [and], shotguns AND AMMUNITION to immediately notify
the court of such surrender.
3. The disposition of any firearms, rifles or shotguns AND ANY AMMUNI-
TION surrendered pursuant to this section shall be in accordance with
the provisions of subdivision six of section 400.05 of the penal law.
4. The provisions of this section shall not be deemed to limit,
restrict or otherwise impair the authority of the court to order and
direct the surrender of any or all firearms, rifles [and], shotguns AND
AMMUNITION owned or possessed by a defendant pursuant to any other
provision of law.
§ 9. This act shall take effect on the same date and in the same
manner as chapter 60 of the laws of 2018 takes effect.