S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5455
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced by M. of A. PAULIN -- 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
 criminal charge or conviction which prohibits such owner from possessing
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07605-01-1

 A. 5455                             2
 
 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.