Assembly Bill A544B

                             
                     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.
              

                                                            LBD02092-01-5
 A. 544                              2
 
 criminal charge or conviction which prohibits such owner from possessing
 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.

                             
                     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.
              

                                                            LBD02092-02-5
 A. 544--A                           2
 
 ANT    TO    A CONSENSUAL OR OTHER LAWFUL SEARCH WHEN SUCH OFFICER HAS A
 REASONABLE BELIEF THAT IT IS NECESSARY TO REMOVE SUCH WEAPON TO  PROTECT
 THE  VICTIM  OR  OTHER  PERSONS  PRESENT,  OR TO PREVENT RISK OF FURTHER
 VIOLENCE OR THREAT.
   (II) An officer who takes custody of any weapon pursuant to this para-
 graph  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
 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.