Bill Text: NY S05577 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to procedures for the return of firearms surrendered in connection with an order of protection.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CODES [S05577 Detail]

Download: New_York-2017-S05577-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5577
                               2017-2018 Regular Sessions
                    IN SENATE
                                     April 17, 2017
                                       ___________
        Introduced  by Sen. LANZA -- (at request of the Office of Court Adminis-
          tration) -- 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 procedures
          for the return of firearms voluntarily surrendered in connection  with
          an order of protection
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (b) of subdivision 5 of  section  530.14  of  the
     2  criminal  procedure law, as added by chapter 644 of the laws of 1996, is
     3  amended to read as follows:
     4    (b) The prompt surrender of one or more firearms pursuant to  a  court
     5  order  issued  pursuant  to this section shall be considered a voluntary
     6  surrender for purposes of subparagraph (f) of paragraph one of  subdivi-
     7  sion  a  of section 265.20 of the penal law. The disposition of any such
     8  firearms shall be in accordance with the provisions of  subdivision  six
     9  of  section 400.05 of the penal law; provided, however, that upon termi-
    10  nation of any suspension  order  issued  pursuant  to  this  section  or
    11  section  eight  hundred  forty-two-a  of  the family court act, and upon
    12  written application of the subject of the order, with notice and  oppor-
    13  tunity  to  be  heard to the district attorney, the county attorney, the
    14  protected party and any licensing officer responsible for issuance of  a
    15  firearms  license  to  the subject of the order pursuant to article four
    16  hundred of the penal law, and upon a written finding that  there  is  no
    17  legal  impediment  to the subject's possession of a surrendered firearm,
    18  any court of record  exercising  criminal  jurisdiction  may  order  the
    19  return  of  a firearm not otherwise disposed in accordance with subdivi-
    20  sion six of section 400.05 of the penal law. When issuing such order  in
    21  connection with any firearm subject to a license requirement under arti-
    22  cle  four  hundred  of  the  penal  law,  unless the licensing authority
    23  consents to a shorter period, the order must be stayed for  ninety  days
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09741-01-7
        S. 5577                             2
     1  or  until the conclusion of any license revocation proceeding, whichever
     2  is longer.
     3    §  2.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law.