Senate Bill S2102

2023-2024 Legislative Session

Requires police officers to take temporary custody of firearms when responding to reports of family violence

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S2102 (ACTIVE) - Details

See Assembly Version of this Bill:
A2413
Current Committee:
Senate Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §140.10, CP L
Versions Introduced in 2021-2022 Legislative Session:
S5026, A5455

2023-S2102 (ACTIVE) - Summary

Requires police officers to take temporary custody of firearms for not less than one hundred twenty hours when responding to reports of family violence.

2023-S2102 (ACTIVE) - Sponsor Memo

2023-S2102 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2102
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed 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.
                                                            LBD05236-01-3

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