Albany, NY – New York State Assemblymember Amy Paulin and State Senator Pete Harckham announced today that their legislation requiring police officers to take temporary custody of firearms when responding to reports of family or domestic violence has been signed into law by Governor Kathy Hochul. Before the law was enacted, police officers under the Safe Homes Act of 2020 merely had the option of removing firearms that are in plain sight or are discovered during a consensual or lawful search.

Appropriately, the new law goes into effect immediately, as New York State and the rest of the country observes “Domestic Violence Awareness Month” during October. 

“No one should live in fear in their own home,” said Paulin. “By ensuring that law enforcement temporarily removes firearms when responding to domestic violence calls, we’re giving survivors the time and safety they need to take their next steps. This new law will save lives and prevent tragedies. I’m deeply grateful to Senator Harckham for his partnership and to Governor Hochul for signing this commonsense, life-saving measure into law to make our homes and communities safer.”

“Too many domestic violence incidents involve shootings that could be avoided if handguns and other firearms were temporarily removed from the possession of accused defendants pending court action,” said Harckham. “This common-sense law is meant to protect residents at risk of further violence. Now, the law will save lives while safety plans can be put in place for the abused partner and children. And if illegal firearms are discovered during such required removals, that will only help keep our communities safer in the long run.”

Added Harckham, “While I am heartened that this legislation has been signed into law, now it is up to law enforcement professionals statewide to help further protect residents who experience domestic violence. Still, I am thankful to Governor Hochul for supporting this legislation and signing it into law, and also to my colleague Assemblymember Amy Paulin for her strong, unwavering partnership on this issue.”

Harckham and Paulin’s legislation (S.1985A / A.544) was introduced initially in January 2023, but advancement of the legislation was put on pause while the United States Supreme Court decided on a case (United States v. Rahimi) objecting to a federal law that bars anyone subject to a domestic violence restraining order from possessing a gun. Although the court ruled on June 21, 2024, that the federal law did not violate the Constitution’s Second Amendment, the New York State Legislature’s annual session had been adjourned already. The ruling, though, made it likely that the two lawmakers’ legislation would not be challenged in court. The bill was re-introduced in November 2024.

The new law simply requires that the law enforcement officers responding to a report of family or domestic violence seeks to provide further protection to victims by mandating the seizure of firearms in plain sight during a domestic violence call. This includes firearms that individuals may have a license to carry and which they are in possession of when arrested on suspicion of such family or domestic violence offense. 

Additionally, the new law calls for the return of such firearms and carry licenses within one hundred and twenty hours (or five days) after removal from individuals upon arrest during family or domestic violence incidents. The law is necessary to ensure that firearms do not return to dangerous hands before the courts have had sufficient time to file any necessary charges to protect victims.

The re-introduction of the legislation last year came just days after a Yorktown woman was shot to death during a domestic violence incident on Saturday, Nov. 9. Ten days earlier, on Oct. 30, a child was killed and two people critically wounded during another domestic violence shooting in Somers. Also, a retired police officer shot and killed his wife, a fifth-grade teacher in the Eastchester public schools, on Oct. 16 in their Yonkers home before turning the gun on himself. 

Dave Ryan, former Pound Ridge Police Chief, said, “The law that the governor signed today is a life-saving piece of legislation that removes firearms from what has already been identified as a dangerous and life-threatening situation. Research has shown that removing firearms from an intimate partner domestic violence environment will save lives. I applaud the governor and all of the legislators in New York for having the courage to support such an impactful and victim-centered piece of legislation that will not only save victim’s lives, but will save the lives of responding law-enforcement officers, families, and even the offenders, who commit these crimes and very often take their own life by firearm.”