STATE OF NEW YORK
        ________________________________________________________________________

                                          5026

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 22, 2021
                                       ___________

        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:

     1    Section  1.  Paragraphs (a) and (c) of subdivision 6 of section 140.10
     2  of the criminal procedure law, as added by section 2 of part M of  chap-
     3  ter 55 of the laws of 2020, are amended to read as follows:
     4    (a)  A  police officer who responds to a report of a family offense as
     5  defined in section 530.11 of this  chapter  and  section  eight  hundred
     6  twelve of the family court act [may] shall take temporary custody of any
     7  firearm, rifle, electronic dart gun, electronic stun gun, disguised gun,
     8  imitation  weapon,  shotgun,  antique firearm, black powder rifle, black
     9  powder shotgun, or muzzle-loading firearm that is in plain sight  or  is
    10  discovered  pursuant  to  a consensual or other lawful search, and shall
    11  take temporary custody of any such weapon that is in the  possession  of
    12  any  person  arrested  for  the  commission  of  such  family offense or
    13  suspected of its commission. An officer who takes custody of any  weapon
    14  pursuant  to  this  paragraph  shall also take custody of any license to
    15  carry, possess, repair, and dispose of such weapon issued to the  person
    16  arrested  or suspected of such family offense. The officer shall deliver
    17  such weapon and/or license to the appropriate law enforcement officer as
    18  provided in subparagraph (f)  of  paragraph  one  of  subdivision  a  of
    19  section 265.20 of the penal law.
    20    (c) Not less than [forty-eight] one hundred twenty hours after effect-
    21  ing  such  seizure, and in the absence of (i) an order of protection, an
    22  extreme risk protection order, or  other  court  order  prohibiting  the
    23  owner  from  possessing  such a weapon and/or license, or (ii) a pending
    24  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

        S. 5026                             2

     1  such a weapon and/or license, and upon a written finding that  there  is
     2  no  legal  impediment  to the owner's possession of such a weapon and/or
     3  license, the court or, if no court is involved, licensing  authority  or
     4  custodian  of  the  weapon shall direct return of a weapon not otherwise
     5  disposed of in accordance with subdivision one of section 400.05 of  the
     6  penal  law  and/or  such  license  taken  into  custody pursuant to this
     7  section.
     8    § 2. This act shall take effect immediately.