Legislation
SECTION 842-A
Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400
Family Court Act (FCT) CHAPTER 686, ARTICLE 8, PART 4
§ 842-a. Suspension and revocation of a license to carry, possess,
repair or dispose of a firearm or firearms pursuant to section 400.00 of
the penal law and ineligibility for such a license; order to surrender
firearms; order to seize firearms.
1. Suspension of firearms license and ineligibility for such a license
upon the issuance of a temporary order of protection. Whenever a
temporary order of protection is issued pursuant to section eight
hundred twenty-eight of this article, or pursuant to article four, five,
six, seven or ten of this act the court shall inquire of the respondent
and, outside of the presence of the respondent, the petitioner or, if
the petitioner is not the protected party, any party protected by such
order, if the court has reason to believe that such petitioner or
protected party would have actual knowledge or reason to know such
information, as to the existence and location of any firearm, rifle or
shotgun owned or possessed by the respondent and:
(a) the court shall suspend any such existing license possessed by the
respondent, order the respondent ineligible for such a license, and
order the immediate surrender pursuant to subparagraph (f) of paragraph
one of subdivision a of section 265.20 and subdivision six of section
400.05 of the penal law, of any or all firearms, rifles and shotguns
owned or possessed where the court receives information that gives the
court good cause to believe that: (i) the respondent has a prior
conviction of any violent felony offense as defined in section 70.02 of
the penal law; (ii) the respondent has previously been found to have
willfully failed to obey a prior order of protection and such willful
failure involved (A) the infliction of physical injury, as defined in
subdivision nine of section 10.00 of the penal law, (B) the use or
threatened use of a deadly weapon or dangerous instrument as those terms
are defined in subdivisions twelve and thirteen of section 10.00 of the
penal law, or (C) behavior constituting any violent felony offense as
defined in section 70.02 of the penal law; or (iii) the respondent has a
prior conviction for stalking in the first degree as defined in section
120.60 of the penal law, stalking in the second degree as defined in
section 120.55 of the penal law, stalking in the third degree as defined
in section 120.50 of the penal law or stalking in the fourth degree as
defined in section 120.45 of such law;
(b) the court shall where the court finds a substantial risk that the
respondent may use or threaten to use a firearm, rifle or shotgun
unlawfully against the person or persons for whose protection the
temporary order of protection is issued, suspend any such existing
license possessed by the respondent, order the respondent ineligible for
such a license, and order the immediate surrender pursuant to
subparagraph (f) of paragraph one of subdivision a of section 265.20 and
subdivision six of section 400.05 of the penal law, of any or all
firearms, rifles and shotguns owned or possessed; and
(c) the court shall where the defendant 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 may
derive from this article or the constitution of this state or the United
States.
2. Revocation or suspension of firearms license and ineligibility for
such a license upon the issuance of an order of protection. Whenever an
order of protection is issued pursuant to section eight hundred
forty-one of this part, or pursuant to article four, five, six, seven or
ten of this act the court shall inquire of the respondent and, outside
of the presence of the respondent, the petitioner or, if the petitioner
is not the protected party, any party protected by such order, if the
court has reason to believe that such petitioner or protected party
would have actual knowledge or reason to know such information, as to
the existence and location of any firearm, rifle or shotgun owned or
possessed by the respondent and:
(a) the court shall revoke any such existing license possessed by the
respondent, order the respondent ineligible for such a license, and
order the immediate surrender pursuant to subparagraph (f) of paragraph
one of subdivision a of section 265.20 and subdivision six of section
400.05 of the penal law, of any or all firearms, rifles and shotguns
owned or possessed where the court finds that the conduct which resulted
in the issuance of the order of protection involved (i) the infliction
of physical injury, as defined in subdivision nine of section 10.00 of
the penal law, (ii) the use or threatened use of a deadly weapon or
dangerous instrument as those terms are defined in subdivisions twelve
and thirteen of section 10.00 of the penal law, or (iii) behavior
constituting any violent felony offense as defined in section 70.02 of
the penal law;
(b) the court shall, where the court finds a substantial risk that the
respondent may use or threaten to use a firearm, rifle or shotgun
unlawfully against the person or persons for whose protection the order
of protection is issued, (i) revoke any such existing license possessed
by the respondent, order the respondent ineligible for such a license
and order the immediate surrender pursuant to subparagraph (f) of
paragraph one of subdivision a of section 265.20 and subdivision six of
section 400.05 of the penal law, of any or all firearms, rifles and
shotguns owned or possessed or (ii) suspend or continue to suspend any
such existing license possessed by the respondent, order the respondent
ineligible for such a license, and order the immediate surrender
pursuant to subparagraph (f) of paragraph one of subdivision a of
section 265.20 and subdivision six of section 400.05 of the penal law,
of any or all firearms, rifles and shotguns owned or possessed; and
(c) the court shall where the defendant 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 may
derive from this article or the constitution of this state or the United
States.
3. Revocation or suspension of firearms license and ineligibility for
such a license upon a finding of a willful failure to obey an order of
protection or temporary order of protection. Whenever a respondent has
been found, pursuant to section eight hundred forty-six-a of this part
to have willfully failed to obey an order of protection or temporary
order of protection issued pursuant to this act or the domestic
relations law, or by this court or by a court of competent jurisdiction
in another state, territorial or tribal jurisdiction, in addition to any
other remedies available pursuant to section eight hundred forty-six-a
of this part the court shall inquire of the respondent and, outside the
presence of the respondent, the petitioner or, if the petitioner is not
the protected party, any party protected by such order, if the court has
reason to believe that such petitioner or protected party would have
actual knowledge or reason to know such information, as to the existence
and location of any firearm, rifle or shotgun owned or possessed by the
respondent and:
(a) the court shall revoke any such existing license possessed by the
respondent, order the respondent ineligible for such a license, and
order the immediate surrender pursuant to subparagraph (f) of paragraph
one of subdivision a of section 265.20 and subdivision six of section
400.05 of the penal law, of any or all firearms, rifles and shotguns
owned or possessed where the willful failure to obey such order involves
(i) the infliction of physical injury, as defined in subdivision nine of
section 10.00 of the penal law, (ii) the use or threatened use of a
deadly weapon or dangerous instrument as those terms are defined in
subdivisions twelve and thirteen of section 10.00 of the penal law, or
(iii) behavior constituting any violent felony offense as defined in
section 70.02 of the penal law; or (iv) behavior constituting stalking
in the first degree as defined in section 120.60 of the penal law,
stalking in the second degree as defined in section 120.55 of the penal
law, stalking in the third degree as defined in section 120.50 of the
penal law or stalking in the fourth degree as defined in section 120.45
of such law;
(b) the court shall where the court finds a substantial risk that the
respondent may use or threaten to use a firearm, rifle or shotgun
unlawfully against the person or persons for whose protection the order
of protection was issued, (i) revoke any such existing license possessed
by the respondent, order the respondent ineligible for such a license,
whether or not the respondent possesses such a license, and order the
immediate surrender pursuant to subparagraph (f) of paragraph one of
subdivision a of section 265.20 and subdivision six of section 400.05 of
the penal law, of any or all firearms, rifles and shotguns owned or
possessed or (ii) suspend any such existing license possessed by the
respondent, order the respondent ineligible for such a license, and
order the immediate surrender of any or all firearms, rifles and
shotguns owned or possessed; and
(c) the court shall where the defendant 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 may
derive from this article or the constitution of this state or the United
States.
4. Suspension. Any suspension order issued pursuant to this section
shall remain in effect for the duration of the temporary order of
protection or order of protection, unless modified or vacated by the
court.
5. Surrender. (a) Where an order to surrender one or more firearms,
rifles or shotguns has been issued, the temporary order of protection or
order of protection shall specify the place where such weapons shall be
surrendered, shall specify a date and time by which the surrender shall
be completed and, to the extent possible, shall describe such weapons to
be surrendered and shall direct the authority receiving such surrendered
weapons to immediately notify the court of such surrender.
(b) The prompt surrender of one or more firearms, rifles or shotguns
pursuant to a court order issued pursuant this section shall be
considered a voluntary surrender for purposes of subparagraph (f) of
paragraph one of subdivision a of section 265.20 of the penal law. The
disposition of any such weapons shall be in accordance with the
provisions of subdivision six of section 400.05 of the penal law;
provided, however that upon the termination of any suspension order
issued pursuant to this section, any court of record exercising criminal
jurisdiction may order the return of a firearm, rifle or shotgun
pursuant to paragraph b of subdivision five of section 530.14 of the
criminal procedure law.
(c) The provisions of this section shall not be deemed to limit,
restrict or otherwise impair the authority of the court to order and
direct the surrender of any or all pistols, revolvers, rifles, shotguns
or other firearms owned or possessed by a respondent pursuant to this
act.
6. Notice. (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 is prohibited from possessing any firearms,
rifles or shotguns.
(b) The court revoking or suspending the license, ordering the
respondent ineligible for such license, or ordering the surrender or
seizure of any firearm, rifles or shotguns shall immediately notify the
statewide registry of orders of protection and the duly constituted
police authorities of the locality of such action.
(c) The court revoking or suspending the license or ordering the
defendant 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.
(d) Where an order of revocation, suspension, ineligibility,
surrender, or seizure is modified or vacated, the court shall
immediately notify the statewide registry of orders of protection and
the duly constituted police authorities of the locality concerning such
action and shall give written notice thereof without unnecessary delay
to the division of state police at its office in the city of Albany.
7. Hearing. The respondent shall have the right to a hearing before
the court regarding any revocation, suspension, ineligibility, surrender
or seizure order issued pursuant to this section, provided that nothing
in this subdivision shall preclude the court from issuing any such order
prior to a hearing. Where the court has issued such an order prior to a
hearing, it shall commence such hearing within fourteen days of the date
such order was issued.
8. Nothing in this section shall delay or otherwise interfere with the
issuance of a temporary order of protection.
repair or dispose of a firearm or firearms pursuant to section 400.00 of
the penal law and ineligibility for such a license; order to surrender
firearms; order to seize firearms.
1. Suspension of firearms license and ineligibility for such a license
upon the issuance of a temporary order of protection. Whenever a
temporary order of protection is issued pursuant to section eight
hundred twenty-eight of this article, or pursuant to article four, five,
six, seven or ten of this act the court shall inquire of the respondent
and, outside of the presence of the respondent, the petitioner or, if
the petitioner is not the protected party, any party protected by such
order, if the court has reason to believe that such petitioner or
protected party would have actual knowledge or reason to know such
information, as to the existence and location of any firearm, rifle or
shotgun owned or possessed by the respondent and:
(a) the court shall suspend any such existing license possessed by the
respondent, order the respondent ineligible for such a license, and
order the immediate surrender pursuant to subparagraph (f) of paragraph
one of subdivision a of section 265.20 and subdivision six of section
400.05 of the penal law, of any or all firearms, rifles and shotguns
owned or possessed where the court receives information that gives the
court good cause to believe that: (i) the respondent has a prior
conviction of any violent felony offense as defined in section 70.02 of
the penal law; (ii) the respondent has previously been found to have
willfully failed to obey a prior order of protection and such willful
failure involved (A) the infliction of physical injury, as defined in
subdivision nine of section 10.00 of the penal law, (B) the use or
threatened use of a deadly weapon or dangerous instrument as those terms
are defined in subdivisions twelve and thirteen of section 10.00 of the
penal law, or (C) behavior constituting any violent felony offense as
defined in section 70.02 of the penal law; or (iii) the respondent has a
prior conviction for stalking in the first degree as defined in section
120.60 of the penal law, stalking in the second degree as defined in
section 120.55 of the penal law, stalking in the third degree as defined
in section 120.50 of the penal law or stalking in the fourth degree as
defined in section 120.45 of such law;
(b) the court shall where the court finds a substantial risk that the
respondent may use or threaten to use a firearm, rifle or shotgun
unlawfully against the person or persons for whose protection the
temporary order of protection is issued, suspend any such existing
license possessed by the respondent, order the respondent ineligible for
such a license, and order the immediate surrender pursuant to
subparagraph (f) of paragraph one of subdivision a of section 265.20 and
subdivision six of section 400.05 of the penal law, of any or all
firearms, rifles and shotguns owned or possessed; and
(c) the court shall where the defendant 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 may
derive from this article or the constitution of this state or the United
States.
2. Revocation or suspension of firearms license and ineligibility for
such a license upon the issuance of an order of protection. Whenever an
order of protection is issued pursuant to section eight hundred
forty-one of this part, or pursuant to article four, five, six, seven or
ten of this act the court shall inquire of the respondent and, outside
of the presence of the respondent, the petitioner or, if the petitioner
is not the protected party, any party protected by such order, if the
court has reason to believe that such petitioner or protected party
would have actual knowledge or reason to know such information, as to
the existence and location of any firearm, rifle or shotgun owned or
possessed by the respondent and:
(a) the court shall revoke any such existing license possessed by the
respondent, order the respondent ineligible for such a license, and
order the immediate surrender pursuant to subparagraph (f) of paragraph
one of subdivision a of section 265.20 and subdivision six of section
400.05 of the penal law, of any or all firearms, rifles and shotguns
owned or possessed where the court finds that the conduct which resulted
in the issuance of the order of protection involved (i) the infliction
of physical injury, as defined in subdivision nine of section 10.00 of
the penal law, (ii) the use or threatened use of a deadly weapon or
dangerous instrument as those terms are defined in subdivisions twelve
and thirteen of section 10.00 of the penal law, or (iii) behavior
constituting any violent felony offense as defined in section 70.02 of
the penal law;
(b) the court shall, where the court finds a substantial risk that the
respondent may use or threaten to use a firearm, rifle or shotgun
unlawfully against the person or persons for whose protection the order
of protection is issued, (i) revoke any such existing license possessed
by the respondent, order the respondent ineligible for such a license
and order the immediate surrender pursuant to subparagraph (f) of
paragraph one of subdivision a of section 265.20 and subdivision six of
section 400.05 of the penal law, of any or all firearms, rifles and
shotguns owned or possessed or (ii) suspend or continue to suspend any
such existing license possessed by the respondent, order the respondent
ineligible for such a license, and order the immediate surrender
pursuant to subparagraph (f) of paragraph one of subdivision a of
section 265.20 and subdivision six of section 400.05 of the penal law,
of any or all firearms, rifles and shotguns owned or possessed; and
(c) the court shall where the defendant 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 may
derive from this article or the constitution of this state or the United
States.
3. Revocation or suspension of firearms license and ineligibility for
such a license upon a finding of a willful failure to obey an order of
protection or temporary order of protection. Whenever a respondent has
been found, pursuant to section eight hundred forty-six-a of this part
to have willfully failed to obey an order of protection or temporary
order of protection issued pursuant to this act or the domestic
relations law, or by this court or by a court of competent jurisdiction
in another state, territorial or tribal jurisdiction, in addition to any
other remedies available pursuant to section eight hundred forty-six-a
of this part the court shall inquire of the respondent and, outside the
presence of the respondent, the petitioner or, if the petitioner is not
the protected party, any party protected by such order, if the court has
reason to believe that such petitioner or protected party would have
actual knowledge or reason to know such information, as to the existence
and location of any firearm, rifle or shotgun owned or possessed by the
respondent and:
(a) the court shall revoke any such existing license possessed by the
respondent, order the respondent ineligible for such a license, and
order the immediate surrender pursuant to subparagraph (f) of paragraph
one of subdivision a of section 265.20 and subdivision six of section
400.05 of the penal law, of any or all firearms, rifles and shotguns
owned or possessed where the willful failure to obey such order involves
(i) the infliction of physical injury, as defined in subdivision nine of
section 10.00 of the penal law, (ii) the use or threatened use of a
deadly weapon or dangerous instrument as those terms are defined in
subdivisions twelve and thirteen of section 10.00 of the penal law, or
(iii) behavior constituting any violent felony offense as defined in
section 70.02 of the penal law; or (iv) behavior constituting stalking
in the first degree as defined in section 120.60 of the penal law,
stalking in the second degree as defined in section 120.55 of the penal
law, stalking in the third degree as defined in section 120.50 of the
penal law or stalking in the fourth degree as defined in section 120.45
of such law;
(b) the court shall where the court finds a substantial risk that the
respondent may use or threaten to use a firearm, rifle or shotgun
unlawfully against the person or persons for whose protection the order
of protection was issued, (i) revoke any such existing license possessed
by the respondent, order the respondent ineligible for such a license,
whether or not the respondent possesses such a license, and order the
immediate surrender pursuant to subparagraph (f) of paragraph one of
subdivision a of section 265.20 and subdivision six of section 400.05 of
the penal law, of any or all firearms, rifles and shotguns owned or
possessed or (ii) suspend any such existing license possessed by the
respondent, order the respondent ineligible for such a license, and
order the immediate surrender of any or all firearms, rifles and
shotguns owned or possessed; and
(c) the court shall where the defendant 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 may
derive from this article or the constitution of this state or the United
States.
4. Suspension. Any suspension order issued pursuant to this section
shall remain in effect for the duration of the temporary order of
protection or order of protection, unless modified or vacated by the
court.
5. Surrender. (a) Where an order to surrender one or more firearms,
rifles or shotguns has been issued, the temporary order of protection or
order of protection shall specify the place where such weapons shall be
surrendered, shall specify a date and time by which the surrender shall
be completed and, to the extent possible, shall describe such weapons to
be surrendered and shall direct the authority receiving such surrendered
weapons to immediately notify the court of such surrender.
(b) The prompt surrender of one or more firearms, rifles or shotguns
pursuant to a court order issued pursuant this section shall be
considered a voluntary surrender for purposes of subparagraph (f) of
paragraph one of subdivision a of section 265.20 of the penal law. The
disposition of any such weapons shall be in accordance with the
provisions of subdivision six of section 400.05 of the penal law;
provided, however that upon the termination of any suspension order
issued pursuant to this section, any court of record exercising criminal
jurisdiction may order the return of a firearm, rifle or shotgun
pursuant to paragraph b of subdivision five of section 530.14 of the
criminal procedure law.
(c) The provisions of this section shall not be deemed to limit,
restrict or otherwise impair the authority of the court to order and
direct the surrender of any or all pistols, revolvers, rifles, shotguns
or other firearms owned or possessed by a respondent pursuant to this
act.
6. Notice. (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 is prohibited from possessing any firearms,
rifles or shotguns.
(b) The court revoking or suspending the license, ordering the
respondent ineligible for such license, or ordering the surrender or
seizure of any firearm, rifles or shotguns shall immediately notify the
statewide registry of orders of protection and the duly constituted
police authorities of the locality of such action.
(c) The court revoking or suspending the license or ordering the
defendant 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.
(d) Where an order of revocation, suspension, ineligibility,
surrender, or seizure is modified or vacated, the court shall
immediately notify the statewide registry of orders of protection and
the duly constituted police authorities of the locality concerning such
action and shall give written notice thereof without unnecessary delay
to the division of state police at its office in the city of Albany.
7. Hearing. The respondent shall have the right to a hearing before
the court regarding any revocation, suspension, ineligibility, surrender
or seizure order issued pursuant to this section, provided that nothing
in this subdivision shall preclude the court from issuing any such order
prior to a hearing. Where the court has issued such an order prior to a
hearing, it shall commence such hearing within fourteen days of the date
such order was issued.
8. Nothing in this section shall delay or otherwise interfere with the
issuance of a temporary order of protection.