Assembly Bill A7957

2021-2022 Legislative Session

Authorizes the court to order the search and seizure of firearms in connection with an order of protection

download bill text pdf

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Archive: Last Bill Status - Stricken

  • 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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2021-A7957 (ACTIVE) - Details

Law Section:
Domestic Relations Law
Laws Affected:
Amd §§240 & 252, Dom Rel L

2021-A7957 (ACTIVE) - Summary

Authorizes the court to order the search and seizure of firearms in connection with an order of protection where the party against whom the order is issued refuses to surrender such firearms.

2021-A7957 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7957
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 3, 2021
                                ___________
 
 Introduced  by M. of A. RICHARDSON -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on Codes
 
 AN ACT to amend the domestic relations law, in relation  to  authorizing
   the  court  to  determine the search and seizure orders of firearms in
   connection with orders of protection

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph h of subdivision 3 of section 240 of the domestic
 relations  law,  as amended by chapter 1 of the laws of 2013, is amended
 to read as follows:
   h. Upon 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, ineligibil-
 ity for such a license and the surrender of [firearms] A FIREARM,  RIFLE
 OR  SHOTGUN  in  accordance  with sections eight hundred forty-two-a and
 eight hundred forty-six-a of the family court act, 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 accord-
 ance 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. THE COURT MAY,  WHERE  THE  PARTY  AGAINST  WHOM  THE  ORDER  OF
 PROTECTION OR TEMPORARY ORDER OF PROTECTION WAS ISSUED WILLFULLY REFUSES
 TO SURRENDER SUCH FIREARM, RIFLE OR SHOTGUN PURSUANT TO SUBDIVISIONS (A)
 AND (B) OF SECTION EIGHT HUNDRED FORTY-TWO-A OF THE FAMILY COURT ACT, OR
 FOR OTHER GOOD CAUSE SHOWN, ORDER THE IMMEDIATE SEIZURE OF SUCH FIREARM,
 RIFLE  OR  SHOTGUN,  AND SEARCH THEREFOR, PURSUANT TO AN ORDER ISSUED IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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