Assembly Actions -
Senate Actions - UPPERCASE
|Jan 26, 2023||
referred to codes
Assembly Bill A2413
2023-2024 Legislative Session
Current Bill Status - In Assembly Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2023-A2413 (ACTIVE) - Details
2023-A2413 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2413 2023-2024 Regular Sessions I N A S S E M B L Y January 26, 2023 ___________ Introduced by M. of A. PAULIN, SEAWRIGHT, McMAHON -- read once and referred 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. LBD05236-01-3
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