STATE OF NEW YORK
        ________________________________________________________________________
                                          10773
                   IN ASSEMBLY
                                      May 17, 2018
                                       ___________
        Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
          Committee on Codes
        AN ACT to amend the penal law, in relation to establishing the  offenses
          of  unlawful  possession of ammunition by a domestic violence offender
          and unlawful purchase of ammunition by a domestic  violence  offender;
          and  to amend the penal law, the criminal procedure law and the family
          court act, in relation to the surrender of ammunition
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. The penal law is amended by adding a new section 265.07 to
     2  read as follows:
     3  § 265.07 Unlawful possession of ammunition by a domestic violence offen-
     4             der.
     5    A person is guilty of unlawful possession of ammunition by a  domestic
     6  violence  offender  when  he  or she possesses firearm, rifle or shotgun
     7  ammunition knowing that he or she, pursuant to  section  530.14  of  the
     8  criminal procedure law or section eight hundred forty-two-a of the fami-
     9  ly  court  act,  has had his or her license to carry, possess, repair or
    10  dispose of a firearm or firearms issued pursuant to  section  400.00  of
    11  this  chapter  suspended  or  revoked, was ordered ineligible for such a
    12  license or was ordered to surrender his or her firearms, rifles or shot-
    13  guns and any ammunition for such weapons.
    14    Unlawful possession of ammunition by a domestic violence offender is a
    15  misdemeanor.
    16    § 2. The penal law is amended by adding a new section 265.18  to  read
    17  as follows:
    18  § 265.18 Unlawful  purchase  of ammunition by a domestic violence offen-
    19             der.
    20    A person is guilty of unlawful purchase of ammunition  by  a  domestic
    21  violence  offender  when  he  or she purchases firearm, rifle or shotgun
    22  ammunition knowing that he or she, pursuant to  section  530.14  of  the
    23  criminal procedure law or section eight hundred forty-two-a of the fami-
    24  ly  court  act,  has had his or her license to carry, possess, repair or
    25  dispose of a firearm or firearms issued pursuant to  section  400.00  of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15808-01-8

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     1  this  chapter  suspended  or  revoked, was ordered ineligible for such a
     2  license or was ordered to surrender his or her firearms, rifles or shot-
     3  guns and any ammunition for such weapons.
     4    Unlawful  purchase  of ammunition by a domestic violence offender is a
     5  misdemeanor.
     6    § 3. The opening paragraph of subdivision a and the opening  paragraph
     7  and  subparagraph  (f) of paragraph 1 of subdivision a of section 265.20
     8  of the penal law, the opening paragraph of subdivision a as  amended  by
     9  section  1  of  part  FF  of chapter 57 of the laws of 2013, the opening
    10  paragraph of paragraph 1 of subdivision a as amended by chapter 1041  of
    11  the  laws  of 1974, and subparagraph (f) of paragraph 1 of subdivision a
    12  as amended by chapter 578 of the laws of 2006, are amended  to  read  as
    13  follows:
    14    Paragraph (h) of subdivision twenty-two of section 265.00 and sections
    15  265.01,  265.01-a,  subdivision one of section 265.01-b, 265.02, 265.03,
    16  265.04, 265.05, 265.07, 265.10, 265.11, 265.12, 265.13, 265.15,  265.36,
    17  265.37 and 270.05 shall not apply to:
    18    Possession  of any of the weapons, ammunition, instruments, appliances
    19  or substances specified in  sections  265.01,  265.02,  265.03,  265.04,
    20  265.05, 265.07 and 270.05 by the following:
    21    (f) A person voluntarily surrendering such weapon, ammunition, instru-
    22  ment, appliance or substance, provided that such surrender shall be made
    23  to the superintendent of the division of state police or a member there-
    24  of designated by such superintendent, or to the sheriff of the county in
    25  which such person resides, or in the county of Nassau or in the towns of
    26  Babylon,  Brookhaven,  Huntington,  Islip and Smithtown in the county of
    27  Suffolk to the commissioner of police or a member of the police  depart-
    28  ment  thereof designated by such commissioner, or if such person resides
    29  in a city, town other than one named in this subparagraph, or village to
    30  the police commissioner or head of the police force or department there-
    31  of or to a member of the force or department designated by such  commis-
    32  sioner  or  head;  and provided, further, that the same shall be surren-
    33  dered by such person in accordance with such terms and conditions as may
    34  be established by such superintendent, sheriff, police force or  depart-
    35  ment.  Nothing in this paragraph shall be construed as granting immunity
    36  from prosecution for any  crime  or  offense  except  that  of  unlawful
    37  possession  of  such  weapons,  ammunition,  instruments,  appliances or
    38  substances surrendered as herein provided. A person  who  possesses  any
    39  such weapon, ammunition, instrument, appliance or substance as an execu-
    40  tor or administrator or any other lawful possessor of such property of a
    41  decedent  may  continue  to  possess such property for a period not over
    42  fifteen days. If such property is not lawfully disposed of  within  such
    43  period  the  possessor  shall  deliver  it  to  an  appropriate official
    44  described in this paragraph or such property may  be  delivered  to  the
    45  superintendent  of  state  police.  Such officer shall hold it and shall
    46  thereafter deliver it on the written request of such executor,  adminis-
    47  trator  or  other  lawful  possessor of such property to a named person,
    48  provided such named person is  licensed  to  or  is  otherwise  lawfully
    49  permitted  to possess the same. If no request to deliver the property is
    50  received by such official within one year of the delivery of such  prop-
    51  erty,  such  official  shall  dispose  of  it  in  accordance  with  the
    52  provisions of section 400.05 of this chapter.
    53    § 4. Subdivision 6 of section 400.05 of the penal law, as  amended  by
    54  chapter 578 of the laws 2006, is amended to read as follows:
    55    6. A firearm or other weapon or ammunition which is surrendered, or is
    56  otherwise voluntarily delivered pursuant to section 265.20 of this chap-

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     1  ter  and  which has not been declared a nuisance pursuant to subdivision
     2  one of this section, shall be retained by the official to  whom  it  was
     3  delivered  for  a period not to exceed one year. Prior to the expiration
     4  of  such  time  period,  a person who surrenders a firearm or ammunition
     5  shall have the right to arrange for  the  sale,  or  transfer,  of  such
     6  firearm  or  ammunition  to  a dealer in firearms licensed in accordance
     7  with this chapter or for the transfer of  such  firearm  to  himself  or
     8  herself  provided  that a license therefor has been issued in accordance
     9  with this chapter. If no lawful disposition  of  the  firearm  or  other
    10  weapon  or  ammunition  is made within the time provided, the firearm or
    11  weapon concerned shall be declared a nuisance and shall be  disposed  of
    12  in accordance with the provisions of this section.
    13    §  5.  Paragraph  (c) of subdivision 11 of section 400.00 of the penal
    14  law, as added by chapter 1 of the laws of 2013, is amended  to  read  as
    15  follows:
    16    (c)  In  any  instance  in  which  a  person's license is suspended or
    17  revoked under paragraph (a) or (b)  of  this  subdivision,  such  person
    18  shall  surrender  such license to the appropriate licensing official and
    19  any and all firearms, rifles, or shotguns and any  ammunition  owned  or
    20  possessed  by  such  person  shall  be surrendered to an appropriate law
    21  enforcement agency as provided in subparagraph (f) of paragraph  one  of
    22  subdivision  a  of  section  265.20  of  this chapter. In the event such
    23  license, firearm, shotgun, [or] rifle or any ammunition is  not  surren-
    24  dered,  such  items  shall  be  removed  and declared a nuisance and any
    25  police officer or peace officer acting pursuant to his  or  her  special
    26  duties is authorized to remove any and all such weapons and ammunition.
    27    §  6.  Paragraphs (a) and (b) of subdivision 1, paragraphs (a) and (b)
    28  of subdivision 2, paragraphs (a) and (b) of subdivision  3,  subdivision
    29  5,  and paragraphs (a) and (b) of subdivision 6 of section 530.14 of the
    30  criminal procedure law, as amended by chapter 60 of the  laws  of  2018,
    31  are amended to read as follows:
    32    (a) the court shall suspend any such existing license possessed by the
    33  defendant,  order  the defendant ineligible for such a license and order
    34  the immediate surrender of any or all firearms, rifles  [and],  shotguns
    35  and  ammunition  owned or possessed where the court receives information
    36  that gives the court good cause to believe that (i) the defendant has  a
    37  prior  conviction  of  any  violent felony offense as defined in section
    38  70.02 of the penal law; (ii) the defendant has previously been found  to
    39  have willfully failed to obey a prior order of protection and such will-
    40  ful  failure  involved (A) the infliction of physical injury, as defined
    41  in subdivision nine of section 10.00 of the penal law, (B)  the  use  or
    42  threatened use of a deadly weapon or dangerous instrument as those terms
    43  are  defined in subdivisions twelve and thirteen of section 10.00 of the
    44  penal law, or (C) behavior constituting any violent  felony  offense  as
    45  defined  in section 70.02 of the penal law; or (iii) the defendant has a
    46  prior conviction for stalking in the first degree as defined in  section
    47  120.60  of  the  penal  law, stalking in the second degree as defined in
    48  section 120.55 of the penal law, stalking in the third degree as defined
    49  in section 120.50 of the penal law or stalking in the fourth  degree  as
    50  defined in section 120.45 of such law; and
    51    (b)  the court shall where the court finds a substantial risk that the
    52  defendant may use or threaten to use a firearm, rifle or shotgun  unlaw-
    53  fully  against  the person or persons for whose protection the temporary
    54  order of  protection  is  issued,  suspend  any  such  existing  license
    55  possessed  by  the  defendant, order the defendant ineligible for such a
    56  license and order the immediate surrender pursuant to  subparagraph  (f)

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     1  of  paragraph one of subdivision a of section 265.20 and subdivision six
     2  of section 400.05 of the penal law,  of  any  or  all  firearms,  rifles
     3  [and], shotguns and ammunition owned or possessed.
     4    (a)  the court shall revoke any such existing license possessed by the
     5  defendant, order the defendant ineligible for such a license  and  order
     6  the  immediate  surrender of any or all firearms, rifles [and], shotguns
     7  and ammunition owned or possessed  where  such  action  is  required  by
     8  section 400.00 of the penal law; and
     9    (b)  the court shall where the court finds a substantial risk that the
    10  defendant may use or threaten to use a firearm, [rifles] rifle or [shot-
    11  guns] shotgun  unlawfully  against  the  person  or  persons  for  whose
    12  protection the order of protection is issued, (i) revoke any such exist-
    13  ing  license  possessed by the defendant, order the defendant ineligible
    14  for such a license and order the  immediate  surrender  of  any  or  all
    15  firearms,  rifles  [and],  shotguns and ammunition owned or possessed or
    16  (ii) suspend or continue to suspend any such existing license  possessed
    17  by  the defendant, order the defendant ineligible for such a license and
    18  order the immediate surrender pursuant to subparagraph (f) of  paragraph
    19  one  of  subdivision  a of section 265.20 and subdivision six of section
    20  400.05 of the penal law, of any or all firearms, rifles [and],  shotguns
    21  and ammunition owned or possessed.
    22    (a)  the court shall revoke any such existing license possessed by the
    23  defendant, order the defendant ineligible for such a license  and  order
    24  the  immediate  surrender of any or all firearms, rifles [and], shotguns
    25  and ammunition owned or possessed where the willful failure to obey such
    26  order involved (i) the infliction of  physical  injury,  as  defined  in
    27  subdivision  nine  of  section  10.00  of the penal law, (ii) the use or
    28  threatened use of a deadly weapon or dangerous instrument as those terms
    29  are defined in subdivisions twelve and thirteen of section 10.00 of  the
    30  penal  law,  (iii)  behavior  constituting any violent felony offense as
    31  defined in section 70.02 of the penal law; or (iv) behavior constituting
    32  stalking in the first degree as defined in section 120.60 of  the  penal
    33  law,  stalking  in the second degree as defined in section 120.55 of the
    34  penal law, stalking in the third degree as defined in section 120.50  of
    35  the  penal  law  or  stalking in the fourth degree as defined in section
    36  120.45 of such law; and
    37    (b) the court shall where the court finds a substantial risk that  the
    38  defendant  may use or threaten to use a firearm, rifle or shotgun unlaw-
    39  fully against the person or persons for whose protection  the  order  of
    40  protection was issued, (i) revoke any such existing license possessed by
    41  the  defendant,  order  the  defendant ineligible for such a license and
    42  order the immediate surrender pursuant to subparagraph (f) of  paragraph
    43  one  of  subdivision  a of section 265.20 and subdivision six of section
    44  400.05 of the penal law, of any or all firearms, rifles [and],  shotguns
    45  and  ammunition  owned  or  possessed  or (ii) suspend any such existing
    46  license possessed by the defendant, order the defendant  ineligible  for
    47  such  a  license  and order the immediate surrender pursuant to subpara-
    48  graph (f) of paragraph one of subdivision a of section 265.20 and subdi-
    49  vision six of section 400.05 of the penal law, of any or  all  firearms,
    50  rifles [and], shotguns and ammunition owned or possessed.
    51    5.  Surrender.  (a)  Where an order to surrender one or more firearms,
    52  rifles [and], shotguns and ammunition has  been  issued,  the  temporary
    53  order of protection or order of protection shall specify the place where
    54  such  weapons  and ammunition shall be surrendered, shall specify a date
    55  and time by which the surrender shall be completed and,  to  the  extent
    56  possible,  shall describe such weapons and ammunition to be surrendered,

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     1  and shall direct the authority receiving such  surrendered  weapons  and
     2  ammunition to immediately notify the court of such surrender.
     3    (b)  The  prompt surrender of one or more firearms, rifles or shotguns
     4  and any ammunition pursuant to a court order  issued  pursuant  to  this
     5  section  shall  be  considered  a  voluntary  surrender  for purposes of
     6  subparagraph (f) of paragraph one of subdivision a of section 265.20  of
     7  the  penal law. The disposition of any such weapons and ammunition shall
     8  be in accordance with the  provisions  of  subdivision  six  of  section
     9  400.05 of the penal law; provided, however, that upon termination of any
    10  suspension  order  issued  pursuant  to  this  section  or section eight
    11  hundred forty-two-a of the family court act, upon written application of
    12  the subject of the order, with notice and opportunity to be heard to the
    13  district attorney, the county attorney, the protected party,  and  every
    14  licensing  officer responsible for issuance of a firearms license to the
    15  subject of the order pursuant to article four hundred of the penal  law,
    16  and  upon  a  written  finding  that there is no legal impediment to the
    17  subject's possession of a surrendered firearm, rifle or shotgun and  any
    18  ammunition,  any  court  of  record exercising criminal jurisdiction may
    19  order the return of a firearm, rifle or shotgun and any  ammunition  not
    20  otherwise  disposed  of  in  accordance  with subdivision six of section
    21  400.05 of the penal law. When issuing such order in connection with  any
    22  firearm  subject  to a license requirement under article four hundred of
    23  the penal law, if the licensing officer informs the court that he or she
    24  will seek to revoke the license, the order shall be stayed by the  court
    25  until the conclusion of any license revocation proceeding.
    26    (c)  The  provisions  of  this  section  shall not be deemed to limit,
    27  restrict or otherwise impair the authority of the  court  to  order  and
    28  direct  the surrender of any or all firearms, rifles [and], shotguns and
    29  ammunition owned or possessed by a defendant pursuant to sections 530.12
    30  or 530.13 of this article.
    31    (a) Where an order  requiring  surrender,  revocation,  suspension  or
    32  ineligibility  has  been  issued pursuant to this section, any temporary
    33  order of protection or order of protection issued shall state that  such
    34  firearm  license  has been suspended or revoked or that the defendant is
    35  ineligible for such license, as the case may be, and that the  defendant
    36  is  prohibited  from  possessing  any  firearm, rifle or shotgun and any
    37  ammunition.
    38    (b) The court revoking or suspending the license, ordering the defend-
    39  ant ineligible for such a license, or  ordering  the  surrender  of  any
    40  firearm,  rifle  or  shotgun and any ammunition shall immediately notify
    41  the duly constituted police authorities of the locality concerning  such
    42  action  and, in the case of orders of protection and temporary orders of
    43  protection issued pursuant to section  530.12  of  this  article,  shall
    44  immediately notify the statewide registry of orders of protection.
    45    §  7.  Paragraphs (a) and (b) of subdivision 1, paragraphs (a) and (b)
    46  of subdivision 2, paragraphs (a) and (b) of subdivision  3,  subdivision
    47  5,  and  paragraphs (a) and (b) of subdivision 6 of section 842-a of the
    48  family court act, as amended by chapter 60 of  the  laws  of  2018,  are
    49  amended to read as follows:
    50    (a) the court shall suspend any such existing license possessed by the
    51  respondent,  order  the  respondent  ineligible  for such a license, and
    52  order the immediate surrender pursuant to subparagraph (f) of  paragraph
    53  one  of  subdivision  a of section 265.20 and subdivision six of section
    54  400.05 of the penal law, of any or all firearms, rifles [and],  shotguns
    55  and  ammunition  owned or possessed where the court receives information
    56  that gives the court good cause to believe that: (i) the respondent  has

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     1  a  prior  conviction of any violent felony offense as defined in section
     2  70.02 of the penal law; (ii) the respondent has previously been found to
     3  have willfully failed to obey a prior order of protection and such will-
     4  ful  failure  involved (A) the infliction of physical injury, as defined
     5  in subdivision nine of section 10.00 of the penal law, (B)  the  use  or
     6  threatened use of a deadly weapon or dangerous instrument as those terms
     7  are  defined in subdivisions twelve and thirteen of section 10.00 of the
     8  penal law, or (C) behavior constituting any violent  felony  offense  as
     9  defined in section 70.02 of the penal law; or (iii) the respondent has a
    10  prior  conviction for stalking in the first degree as defined in section
    11  120.60 of the penal law, stalking in the second  degree  as  defined  in
    12  section 120.55 of the penal law, stalking in the third degree as defined
    13  in  section  120.50 of the penal law or stalking in the fourth degree as
    14  defined in section 120.45 of such law; and
    15    (b) the court shall where the court finds a substantial risk that  the
    16  respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
    17  fully  against  the person or persons for whose protection the temporary
    18  order of  protection  is  issued,  suspend  any  such  existing  license
    19  possessed  by the respondent, order the respondent ineligible for such a
    20  license, and order the immediate surrender pursuant to subparagraph  (f)
    21  of  paragraph one of subdivision a of section 265.20 and subdivision six
    22  of section 400.05 of the penal law,  of  any  or  all  firearms,  rifles
    23  [and], shotguns and ammunition owned or possessed.
    24    (a)  the court shall revoke any such existing license possessed by the
    25  respondent, order the respondent ineligible  for  such  a  license,  and
    26  order  the immediate surrender pursuant to subparagraph (f) of paragraph
    27  one of subdivision a of section 265.20 and subdivision  six  of  section
    28  400.05  of the penal law, of any or all firearms, rifles [and], shotguns
    29  and ammunition owned or possessed where the court finds that the conduct
    30  which resulted in the issuance of the order of protection  involved  (i)
    31  the  infliction  of  physical  injury, as defined in subdivision nine of
    32  section 10.00 of the penal law, (ii) the use  or  threatened  use  of  a
    33  deadly  weapon  or  dangerous  instrument  as those terms are defined in
    34  subdivisions twelve and thirteen of section 10.00 of the penal  law,  or
    35  (iii)  behavior  constituting  any  violent felony offense as defined in
    36  section 70.02 of the penal law; and
    37    (b) the court shall, where the court finds a substantial risk that the
    38  respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
    39  fully against the person or persons for whose protection  the  order  of
    40  protection  is issued, (i) revoke any such existing license possessed by
    41  the respondent, order the respondent ineligible for such a  license  and
    42  order  the immediate surrender pursuant to subparagraph (f) of paragraph
    43  one of subdivision a of section 265.20 and subdivision  six  of  section
    44  400.05  of the penal law, of any or all firearms, rifles [and], shotguns
    45  and ammunition owned or possessed or (ii) suspend or continue to suspend
    46  any such  existing  license  possessed  by  the  respondent,  order  the
    47  respondent  ineligible  for  such  a  license,  and  order the immediate
    48  surrender pursuant to subparagraph (f) of paragraph one of subdivision a
    49  of section 265.20 and subdivision six of section  400.05  of  the  penal
    50  law, of any or all firearms, rifles [and], shotguns and ammunition owned
    51  or possessed.
    52    (a)  the court shall revoke any such existing license possessed by the
    53  respondent, order the respondent ineligible  for  such  a  license,  and
    54  order  the immediate surrender pursuant to subparagraph (f) of paragraph
    55  one of subdivision a of section 265.20 and subdivision  six  of  section
    56  400.05  of the penal law, of any or all firearms, rifles [and], shotguns

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     1  and ammunition owned or possessed where the willful failure to obey such
     2  order involves (i) the infliction of  physical  injury,  as  defined  in
     3  subdivision  nine  of  section  10.00  of the penal law, (ii) the use or
     4  threatened use of a deadly weapon or dangerous instrument as those terms
     5  are  defined in subdivisions twelve and thirteen of section 10.00 of the
     6  penal law, or (iii) behavior constituting any violent felony offense  as
     7  defined in section 70.02 of the penal law; or (iv) behavior constituting
     8  stalking  in  the first degree as defined in section 120.60 of the penal
     9  law, stalking in the second degree as defined in section 120.55  of  the
    10  penal  law, stalking in the third degree as defined in section 120.50 of
    11  the penal law or stalking in the fourth degree  as  defined  in  section
    12  120.45 of such law; and
    13    (b)  the court shall where the court finds a substantial risk that the
    14  respondent may use or threaten to use a firearm, rifle or shotgun unlaw-
    15  fully against the person or persons for whose protection  the  order  of
    16  protection was issued, (i) revoke any such existing license possessed by
    17  the  respondent,  order  the  respondent  ineligible for such a license,
    18  whether or not the respondent possesses such a license,  and  order  the
    19  immediate  surrender  pursuant  to  subparagraph (f) of paragraph one of
    20  subdivision a of section 265.20 and subdivision six of section 400.05 of
    21  the penal law, of any or all firearms, rifles [and], shotguns and  ammu-
    22  nition  owned  or  possessed  or  (ii) suspend any such existing license
    23  possessed by the respondent, order the respondent ineligible for such  a
    24  license,  and  order  the  immediate  surrender  of any or all firearms,
    25  rifles [and], shotguns and ammunition owned or possessed.
    26    5. Surrender. (a) Where an order to surrender one  or  more  firearms,
    27  rifles  or  shotguns  and  any ammunition has been issued, the temporary
    28  order of protection or order of protection shall specify the place where
    29  such weapons and ammunition shall be surrendered, shall specify  a  date
    30  and  time  by  which the surrender shall be completed and, to the extent
    31  possible, shall describe such weapons and ammunition to  be  surrendered
    32  and  shall  direct  the authority receiving such surrendered weapons and
    33  ammunition to immediately notify the court of such surrender.
    34    (b) The prompt surrender of one or more firearms, rifles  or  shotguns
    35  and  any  ammunition  pursuant  to a court order issued pursuant to this
    36  section shall be  considered  a  voluntary  surrender  for  purposes  of
    37  subparagraph  (f) of paragraph one of subdivision a of section 265.20 of
    38  the penal law. The disposition of any such weapons and ammunition  shall
    39  be  in  accordance  with  the  provisions  of subdivision six of section
    40  400.05 of the penal law; provided, however that upon the termination  of
    41  any  suspension  order  issued  pursuant  to  this section, any court of
    42  record exercising criminal  jurisdiction  may  order  the  return  of  a
    43  firearm,  rifle or shotgun and any ammunition pursuant to paragraph b of
    44  subdivision five of section 530.14 of the criminal procedure law.
    45    (c) The provisions of this section  shall  not  be  deemed  to  limit,
    46  restrict  or  otherwise  impair  the authority of the court to order and
    47  direct the surrender of any or all pistols, revolvers, rifles,  shotguns
    48  or  other firearms and any ammunition owned or possessed by a respondent
    49  pursuant to this act.
    50    (a) Where an order  requiring  surrender,  revocation,  suspension  or
    51  ineligibility  has  been  issued pursuant to this section, any temporary
    52  order of protection or order of protection issued shall state that  such
    53  firearm  license has been suspended or revoked or that the respondent is
    54  ineligible for such license, as the case may be, and that the  defendant
    55  is  prohibited  from possessing any firearms, rifles or shotguns and any
    56  ammunition.

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     1    (b) The  court  revoking  or  suspending  the  license,  ordering  the
     2  respondent ineligible for such license, or ordering the surrender of any
     3  firearm,  [rifles]  rifle or [shotguns] shotgun and any ammunition shall
     4  immediately notify the statewide registry of orders  of  protection  and
     5  the duly constituted police authorities of the locality of such action.
     6    § 8. Section 370.25 of the criminal procedure law, as added by chapter
     7  60 of the laws of 2018, is amended to read as follows:
     8   § 370.25 Procedure  for  the surrender of firearms, rifles [and], shot-
     9               guns and ammunition upon judgment of conviction for a felo-
    10               ny or a serious offense.
    11    1. Upon judgment of conviction for a felony or a serious offense,  the
    12  court  shall  inquire  of  the  defendant  as  to  the  existence of all
    13  firearms, rifles [and], shotguns  and  ammunition  he  or  she  owns  or
    14  possesses.  The  court  shall order the immediate surrender, pursuant to
    15  subparagraph (f) of paragraph one of subdivision a of section 265.20  of
    16  the penal law and subdivision six of section 400.05 of the penal law, of
    17  any  or  all  firearms,  rifles  [and], shotguns and ammunition owned or
    18  possessed by the defendant.
    19    2. The court ordering the surrender of any firearms, rifles  or  shot-
    20  guns  and  any  ammunition as provided in this section shall immediately
    21  notify the duly constituted police authorities of the locality  of  such
    22  action  and  the  division  of state police at its office in the city of
    23  Albany. The court shall direct the authority receiving such  surrendered
    24  firearms,  rifles  [and],  shotguns and ammunition to immediately notify
    25  the court of such surrender.
    26    3. The disposition of any firearms, rifles or shotguns and any ammuni-
    27  tion surrendered pursuant to this section shall be  in  accordance  with
    28  the provisions of subdivision six of section 400.05 of the penal law.
    29    4.  The  provisions  of  this  section  shall  not be deemed to limit,
    30  restrict or otherwise impair the authority of the  court  to  order  and
    31  direct  the surrender of any or all firearms, rifles [and], shotguns and
    32  ammunition owned or possessed by  a  defendant  pursuant  to  any  other
    33  provision of law.
    34    §  9.  This  act  shall  take  effect on the same date and in the same
    35  manner as chapter 60 of the laws of 2018 takes effect.