Assembly Bill A544B

2025-2026 Legislative Session

Requires police officers to take temporary custody of firearms when responding to reports of family violence

download bill text pdf

Sponsored By

Current Bill Status Via S1985 - Passed Assembly

  • 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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Bill Amendments

co-Sponsors

2025-A544 - Details

See Senate Version of this Bill:
S1985
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §140.10, CP L
Versions Introduced in Other Legislative Sessions:
2021-2022: A5455, S5026
2023-2024: A2413, S2102

2025-A544 - Summary

Requires police officers to take temporary custody of firearms for not less than one hundred twenty hours when responding to reports of family violence.

2025-A544 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    544
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M. of A. PAULIN, SEAWRIGHT, McMAHON, LEVENBERG, JACOBSON
   -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2025-A544A - Details

See Senate Version of this Bill:
S1985
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §140.10, CP L
Versions Introduced in Other Legislative Sessions:
2021-2022: A5455, S5026
2023-2024: A2413, S2102

2025-A544A - Summary

Requires police officers to take temporary custody of firearms for not less than one hundred twenty hours when responding to reports of family violence.

2025-A544A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  544--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M. of A. PAULIN, SEAWRIGHT, McMAHON, LEVENBERG, JACOBSON
   -- read once and referred to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 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) (I) 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:
   (1) may 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];
   (2) shall take temporary custody of any [such weapon] 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 the possession of any
 person arrested for  the  commission  of  [such]  A  family  offense  or
 suspected of its commission[.]; AND
   (3)  SHALL  TAKE  TEMPORARY  CUSTODY OF ANY FIREARM, RIFLE, ELECTRONIC
 DART GUN, ELECTRONIC STUN GUN, DISGUISED GUN, IMITATION  WEAPON,   SHOT-
 GUN,  ANTIQUE  FIREARM,  BLACK  POWDER  RIFLE,  BLACK POWDER SHOTGUN, OR
 MUZZLE-LOADING FIREARM THAT IS IN PLAIN SIGHT  OR  IS DISCOVERED  PURSU-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2025-A544B (ACTIVE) - Details

See Senate Version of this Bill:
S1985
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §140.10, CP L
Versions Introduced in Other Legislative Sessions:
2021-2022: A5455, S5026
2023-2024: A2413, S2102

2025-A544B (ACTIVE) - Summary

Requires police officers to take temporary custody of firearms for not less than one hundred twenty hours when responding to reports of family violence.

2025-A544B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  544--B
                                                          Cal. No. 54
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by M. of A. PAULIN, SEAWRIGHT, McMAHON, LEVENBERG, JACOBSON,
   GRIFFIN, SAYEGH, SHIMSKY, OTIS  --  read  once  and  referred  to  the
   Committee  on  Codes  --  committee  discharged, bill amended, ordered
   reprinted as amended and recommitted to  said  committee  --  reported
   from  committee,  advanced  to  a  third  reading, amended and ordered
   reprinted, retaining its place on the order of third reading
 
 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)  (I) 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:
   (1)  may 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];
   (2)  shall take temporary custody of any [such weapon] 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  the  possession  of  any
 person  arrested  for  the  commission  of  [such]  A  family offense or
 suspected of its commission[.]; AND
   (3) SHALL TAKE TEMPORARY CUSTODY OF  ANY  FIREARM,  RIFLE,  ELECTRONIC
 DART  GUN, ELECTRONIC STUN GUN, DISGUISED GUN, IMITATION  WEAPON,  SHOT-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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