Senate Bill S5026

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5026
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2021
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law,  in  relation  to  requiring
   police  officers to take temporary custody of firearms when responding
   to reports of family violence

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs (a) and (c) of subdivision 6 of section 140.10
 of the criminal procedure law, as added by section 2 of part M of  chap-
 ter 55 of the laws of 2020, are amended to read as follows:
   (a)  A  police officer who responds to a report of a family offense as
 defined in section 530.11 of this  chapter  and  section  eight  hundred
 twelve of the family court act [may] SHALL take temporary custody of any
 firearm, rifle, electronic dart gun, electronic stun gun, disguised gun,
 imitation  weapon,  shotgun,  antique firearm, black powder rifle, black
 powder shotgun, or muzzle-loading firearm that is in plain sight  or  is
 discovered  pursuant  to  a consensual or other lawful search, and shall
 take temporary custody of any such weapon that is in the  possession  of
 any  person  arrested  for  the  commission  of  such  family offense or
 suspected of its commission. An officer who takes custody of any  weapon
 pursuant  to  this  paragraph  shall also take custody of any license to
 carry, possess, repair, and dispose of such weapon issued to the  person
 arrested  or suspected of such family offense. The officer shall deliver
 such weapon and/or license to the appropriate law enforcement officer as
 provided in subparagraph (f)  of  paragraph  one  of  subdivision  a  of
 section 265.20 of the penal law.
   (c) Not less than [forty-eight] ONE HUNDRED TWENTY hours after effect-
 ing  such  seizure, and in the absence of (i) an order of protection, an
 extreme risk protection order, or  other  court  order  prohibiting  the
 owner  from  possessing  such a weapon and/or license, or (ii) a pending
 criminal charge or conviction which prohibits such owner from possessing
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07605-01-1

 S. 5026                             2
 
 such a weapon and/or license, and upon a written finding that  there  is
 no  legal  impediment  to the owner's possession of such a weapon and/or
 license, the court or, if no court is involved, licensing  authority  or
 custodian  of  the  weapon shall direct return of a weapon not otherwise
 disposed of in accordance with subdivision one of section 400.05 of  the
 penal  law  and/or  such  license  taken  into  custody pursuant to this
 section.
   § 2. This act shall take effect immediately.