S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5257
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 13, 2015
                                      ___________
       Introduced by M. of A. PAULIN, ZEBROWSKI, MOSLEY, GOTTFRIED, MAGNARELLI,
         OTIS,  QUART,  ROBINSON, SCARBOROUGH -- Multi-Sponsored by -- M. of A.
         GALEF, RIVERA, THIELE -- read once and referred to  the  Committee  on
         Codes
       AN  ACT  to  amend  the criminal procedure law, in relation to orders to
         surrender eligible weapons
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 370.15 of the criminal procedure law is amended by
    2  adding three new subdivisions 4, 5 and 6 to read as follows:
    3    4. UPON JUDGMENT OF CONVICTION AND DETERMINATION OF THE  DEFENDANT  TO
    4  BE  RELATED  OR SITUATED TO THE VICTIM AS SET FORTH IN THIS SECTION, THE
    5  COURT SHALL REQUIRE THE RESPONDENT TO INFORM THE COURT OF ALL  FIREARMS,
    6  RIFLES,   SHOTGUNS,   BLACK   POWDER   RIFLES,  BLACK  POWDER  SHOTGUNS,
    7  MUZZLE-LOADING FIREARMS OR ANTIQUE FIREARMS HE OR SHE OWNS OR POSSESSES.
    8  THE COURT SHALL ORDER THE IMMEDIATE SURRENDER PURSUANT  TO  SUBPARAGRAPH
    9  (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 OF THE PENAL LAW
   10  AND  SUBDIVISION  SIX  OF SECTION 400.05 OF THE PENAL LAW, OF ANY OR ALL
   11  FIREARMS, RIFLES, SHOTGUNS, BLACK POWDER RIFLES, BLACK POWDER  SHOTGUNS,
   12  MUZZLE-LOADING  FIREARMS  OR  ANTIQUE FIREARMS OWNED OR POSSESSED BY THE
   13  DEFENDANT.
   14    5. THE COURT ORDERING THE SURRENDER OF ANY  FIREARM,  RIFLE,  SHOTGUN,
   15  BLACK  POWDER  RIFLE,  BLACK  POWDER  SHOTGUN, MUZZLE-LOADING FIREARM OR
   16  ANTIQUE FIREARM AS PROVIDED IN THIS SECTION SHALL IMMEDIATELY NOTIFY THE
   17  DULY CONSTITUTED POLICE AUTHORITIES OF THE LOCALITY OF SUCH  ACTION  AND
   18  THE  DIVISION  OF STATE POLICE AT ITS OFFICE IN THE CITY OF ALBANY.  THE
   19  COURT SHALL DIRECT THE AUTHORITY RECEIVING  SUCH  SURRENDERED  FIREARMS,
   20  RIFLES,   SHOTGUNS,   BLACK   POWDER   RIFLES,  BLACK  POWDER  SHOTGUNS,
   21  MUZZLE-LOADING FIREARMS OR ANTIQUE FIREARMS TO  IMMEDIATELY  NOTIFY  THE
   22  COURT OF SUCH SURRENDER.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02897-04-5
       A. 5257                             2
    1    6. (A) THE DISPOSITION OF ANY FIREARMS, RIFLES, SHOTGUNS, BLACK POWDER
    2  RIFLES,  BLACK  POWDER  SHOTGUNS,  MUZZLE-LOADING  FIREARMS  OR  ANTIQUE
    3  FIREARMS SURRENDERED PURSUANT TO THIS SECTION  SHALL  BE  IN  ACCORDANCE
    4  WITH  THE  PROVISIONS  OF SUBDIVISION SIX OF SECTION 400.05 OF THE PENAL
    5  LAW.
    6    (B)  THE  PROVISIONS  OF  THIS  SECTION  SHALL NOT BE DEEMED TO LIMIT,
    7  RESTRICT OR OTHERWISE IMPAIR THE AUTHORITY OF THE  COURT  TO  ORDER  AND
    8  DIRECT  THE  SURRENDER  OF  ANY OR ALL FIREARMS, RIFLES, SHOTGUNS, BLACK
    9  POWDER  RIFLES,  BLACK  POWDER  SHOTGUNS,  MUZZLE-LOADING  FIREARMS,  OR
   10  ANTIQUE FIREARMS OWNED OR POSSESSED BY A DEFENDANT PURSUANT TO ANY OTHER
   11  PROVISION OF LAW.
   12    S  2.  This  act  shall  take  effect  immediately  and shall apply to
   13  convictions on or after such effective date as well as  to  charges  for
   14  such  offenses pending on such effective date for which sentence has not
   15  yet been imposed.