S T A T E O F N E W Y O R K
________________________________________________________________________
8406
2025-2026 Regular Sessions
I N A S S E M B L Y
May 13, 2025
___________
Introduced by M. of A. LEVENBERG -- (at request of the Unified Court
System) -- read once and referred to the Committee on Codes
AN ACT to amend the family court act, the domestic relations law, the
criminal procedure law and the judiciary law, in relation to issuance
of warrants for seizures of firearms in cases in which orders of
protection are issued in supreme court and family court
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 154-d of the family court act is amended by adding
a new subdivision 3 to read as follows:
3. APPLICATIONS FOR ORDERS TO SEIZE FIREARMS. WHEN THE FAMILY COURT IS
NOT IN SESSION, UPON REQUEST OF THE PETITIONER, POLICE OFFICER, OR OTHER
PUBLIC SERVANT ACTING IN THE COURSE OF THEIR OFFICIAL DUTIES, A LOCAL
CRIMINAL COURT MAY ISSUE AN ORDER PURSUANT TO PARAGRAPH (C) OF SUBDIVI-
SION ONE, PARAGRAPH (C) OF SUBDIVISION TWO, OR PARAGRAPH (C) OF SUBDIVI-
SION THREE OF SECTION EIGHT HUNDRED FORTY-TWO-A OF THIS ACT.
§ 2. Paragraphs (c) of subdivisions 1, 2 and 3 of section 842-a of the
family court act, as amended by chapter 576 of the laws of 2022, are
amended to read as follows:
(c) the court shall where the [defendant] RESPONDENT willfully refuses
to surrender such firearm, rifle, or shotgun pursuant to paragraphs (a)
and (b) of this subdivision, or may for other good cause shown, order
the immediate seizure of such firearm, rifle, or shotgun, and search
therefor, pursuant to an order issued in accordance with article six
hundred ninety of the criminal procedure law, consistent with such
rights as the [defendant] RESPONDENT may derive from this article or the
constitution of this state or the United States; PROVIDED THAT, NOTWITH-
STANDING SUBDIVISION ONE OF SECTION 690.05 AND SUBDIVISION ONE OF
SECTION 690.35 OF THE CRIMINAL PROCEDURE LAW, THE PETITIONER MAY MAKE AN
APPLICATION FOR AN ORDER UNDER THIS PARAGRAPH.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07915-01-5
A. 8406 2
(c) the court shall where the [defendant] RESPONDENT willfully refuses
to surrender such firearm, rifle, or shotgun pursuant to paragraphs (a)
and (b) of this subdivision, or may for other good cause shown, order
the immediate seizure of such firearm, rifle, or shotgun, and search
therefor, pursuant to an order issued in accordance with article six
hundred ninety of the criminal procedure law, consistent with such
rights as the [defendant] RESPONDENT may derive from this article or the
constitution of this state or the United States; PROVIDED THAT, NOTWITH-
STANDING SUBDIVISION ONE OF SECTION 690.05 AND SUBDIVISION ONE OF
SECTION 690.35 OF THE CRIMINAL PROCEDURE LAW, THE PETITIONER MAY MAKE AN
APPLICATION FOR AN ORDER UNDER THIS PARAGRAPH.
(c) the court shall where the [defendant] RESPONDENT willfully refuses
to surrender such firearm, rifle, or shotgun pursuant to paragraphs (a)
and (b) of this subdivision, or may for other good cause shown, order
the immediate seizure of such firearm, rifle, or shotgun, and search
therefor, pursuant to an order issued in accordance with article six
hundred ninety of the criminal procedure law, consistent with such
rights as the [defendant] RESPONDENT may derive from this article or the
constitution of this state or the United States; PROVIDED THAT, NOTWITH-
STANDING SUBDIVISION ONE OF SECTION 690.05 AND SUBDIVISION ONE OF
SECTION 690.35 OF THE CRIMINAL PROCEDURE LAW, THE PETITIONER MAY MAKE AN
APPLICATION FOR AN ORDER UNDER THIS PARAGRAPH.
§ 3. Paragraphs (a) and (c) of subdivision 6 of section 842-a of the
family court act, as amended by section 11 of part M of chapter 55 of
the laws of 2020, are amended to read as follows:
(a) Where an order requiring surrender, revocation, suspension,
seizure or ineligibility has been issued pursuant to this section, any
temporary order of protection or order of protection issued shall state
that such firearm license has been suspended or revoked or that the
respondent is ineligible for such license, as the case may be, and that
the [defendant] RESPONDENT is prohibited from possessing any firearms,
rifles or shotguns.
(c) The court revoking or suspending the license or ordering the
[defendant] RESPONDENT ineligible for such license shall give written
notice thereof without unnecessary delay to the division of state police
at its office in the city of Albany.
§ 4. 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 A FIREARM, firearms, 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 SHALL, WHERE THE PARTY AGAINST WHOM THE ORDER OF
PROTECTION OR TEMPORARY ORDER OF PROTECTION WAS ISSUED WILLFULLY REFUSES
A. 8406 3
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
MAY FOR OTHER GOOD CAUSE SHOWN, ORDER THE IMMEDIATE SEIZURE OF SUCH
FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, PURSUANT TO AN ORDER
ISSUED IN ACCORDANCE WITH ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL
PROCEDURE LAW, CONSISTENT WITH SUCH RIGHTS AS THE PARTY MAY DERIVE FROM
THIS ARTICLE OR THE CONSTITUTION OF THIS STATE OR THE UNITED STATES;
PROVIDED THAT, NOTWITHSTANDING SUBDIVISION ONE OF SECTION 690.05 AND
SUBDIVISION ONE OF SECTION 690.35 OF THE CRIMINAL PROCEDURE LAW, A PARTY
SEEKING PROTECTION MAY MAKE AN APPLICATION FOR AN ORDER UNDER THIS PARA-
GRAPH.
§ 5. Subdivision 9 of section 252 of the domestic relations law, as
amended by chapter 1 of the laws of 2013, is amended to read as follows:
9. 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 SHALL, 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
MAY FOR OTHER GOOD CAUSE SHOWN, ORDER THE IMMEDIATE SEIZURE OF SUCH
FIREARM, RIFLE OR SHOTGUN, AND SEARCH THEREFOR, PURSUANT TO AN ORDER
ISSUED IN ACCORDANCE WITH ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL
PROCEDURE LAW, CONSISTENT WITH SUCH RIGHTS AS THE PARTY MAY DERIVE FROM
THIS ARTICLE OR THE CONSTITUTION OF THIS STATE OR THE UNITED STATES;
PROVIDED THAT, NOTWITHSTANDING SUBDIVISION ONE OF SECTION 690.05 AND
SUBDIVISION ONE OF SECTION 690.35 OF THE CRIMINAL PROCEDURE LAW, A PARTY
SEEKING PROTECTION MAY MAKE AN APPLICATION FOR AN ORDER UNDER THIS PARA-
GRAPH.
§ 6. Section 530.12 of the criminal procedure law is amended by adding
a new subdivision 3-c to read as follows:
3-C. APPLICATIONS FOR ORDERS TO SEIZE FIREARMS. WHEN THE FAMILY COURT
IS NOT IN SESSION, UPON REQUEST OF THE PETITIONER, POLICE OFFICER OR
OTHER PUBLIC SERVANT ACTING IN THE COURSE OF THEIR OFFICIAL DUTIES, A
LOCAL CRIMINAL COURT MAY ISSUE AN ORDER PURSUANT TO PARAGRAPH (C) OF
SUBDIVISION ONE, PARAGRAPH (C) OF SUBDIVISION TWO OR PARAGRAPH (C) OF
SUBDIVISION THREE OF SECTION EIGHT HUNDRED FORTY-TWO-A OF THE FAMILY
COURT ACT.
§ 7. Paragraph (n) and the opening paragraph of paragraph (o) of
subdivision 2 of section 212 of the judiciary law, paragraph (n) as
added by chapter 363 of the laws of 2010 and the opening paragraph of
paragraph (o) as added by chapter 219 of the laws of 2002, are amended
to read as follows:
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(n) Have the power to authorize a court under subdivision (b) of
section forty-three hundred seventeen of the civil practice law and
rules to order a reference to determine [an application] APPLICATIONS
for: (I) an order of protection (including a temporary order of
protection) that, in accordance with law, is made ex parte or where all
parties besides the applicant default in appearance; AND (II) AN ORDER
FOR LAW ENFORCEMENT TO SEARCH FOR AND SEIZE FIREARMS PURSUANT TO SECTION
EIGHT HUNDRED FORTY-TWO-A OF THE FAMILY COURT ACT; provided, however,
this paragraph shall only apply to applications brought in family court
during the hours that the court is in session, and after five o'clock
p.m. Training about domestic violence shall be required for all persons
who are designated to serve as references as provided in this paragraph.
Notwithstanding the provisions of paragraph (n) of this subdivision,
have the power to authorize family courts in the seventh and eighth
judicial districts to establish a judicial hearing officer pilot program
(hereinafter referred to as "pilot program") and, under subdivision (b)
of section forty-three hundred seventeen of the civil practice law and
rules, order a reference to determine [an application] APPLICATIONS for:
(I) an order of protection or temporary order of protection, that, in
accordance with law, is made ex parte or where all parties beside the
applicant default in appearance; AND (II) AN ORDER FOR LAW ENFORCEMENT
TO SEARCH FOR AND SEIZE FIREARMS PURSUANT TO SECTION EIGHT HUNDRED
FORTY-TWO-A OF THE FAMILY COURT ACT; provided, however, that the chief
administrator shall not exercise this power without prior consultation
with the presiding justice of the fourth judicial department. Training
about domestic violence shall be required for all judicial hearing offi-
cers in the pilot program.
§ 8. This act shall take effect immediately; provided, however, the
amendments to paragraph (n) of subdivision 2 of section 212 of the judi-
ciary law made by section seven of this act shall not affect the repeal
of such paragraph and shall be deemed repealed therewith.