NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5257 REVISED MEMO 02/26/2015
SPONSOR: Paulin (MS) TITLE OF BILL: An act to amend the criminal procedure law, in
relation to orders to surrender eligible weapons
PURPOSE:
To require the immediate surrender of any firearms, rifles, shotguns,
black powder rifles, black powder shotguns, muzzle-loading firearms and
antique firearms that are owned or possessed by a person upon his or her
conviction of offenses determined to be misdemeanor crimes of domestic
violence.
SUMMARY OF PROVISIONS:
Section 1 amends section 370.15 of the criminal procedure law by adding
three new subdivisions 4, 5 and 6. Subdivision 4 requires the court to
order the immediate surrender of any firearms, rifles, shotguns, black
powder rifles, black powder shotguns, muzzle-loading firearms and
antique firearms owned or possessed upon judgment of conviction and
determination of the defendant to be related or situated to the victim
as set forth in this section 370.15. The subdivision requires the court
to require the respondent to inform the court of all firearms, rifles,
shotguns, black powder rifles, black powder shotguns, muzzle-loading
firearms and antique firearms he or she owns or possesses.
Subdivision 5 provides that the court ordering the surrender of any
firearm, rifle, shotgun, black powder rifle, black powder shotgun,
muzzle-loading firearm or antique firearm as provided in this section
shall immediately notify the duly constituted police authorities of the
locality of such action and the division of state police at its office
in Albany. The court shall direct the authority receiving such surren-
dered firearms, rifles, shotguns, black powder rifles, black powder
shotguns, muzzle-loading firearms or antique firearms to immediately
notify the court of such surrender.
Subdivision 6 provides that the disposition of any firearms, rifles,
shotguns, black powder rifles, black powder shotguns, muzzle-loading
firearms or antique firearms surrendered pursuant to this section shall
be in accordance with section 400.05(6) of the Penal Law. Subdivision 6
further provides that the provisions of this section shall not be deemed
to limit, restrict or otherwise impair the authority of the court to
order and direct the surrender of any or all firearms, rifles, shotguns,
black powder rifles, black powder shotguns, muzzle-loading firearms or
antique firearms owned or possessed by a defendant pursuant to any other
provision of law.
Section 2 sets forth the effective date.
JUSTIFICATION:
Intimate partner homicide is the most frequent type of domestic homi-
cide. In 2013, nearly one-quarter of the victims in all homicides in the
state had a domestic relationship with their offenders. October 2014
Criminal Justice Research Report, "Domestic Homicide in New York State
2013," Division of Criminal Justice Services Office of Justice Research
& Performance (2014 DCJS Report). More than half of these domestic
homicides were committed by intimate partners (13.5%, with 8.9% commit-
ted by other family members).
The 2014 DCJS Report also found that statewide, intimate partner homi-
cides and total domestic homicides have increased 16% and 5.1%, respec-
tively, from 2012 to 2013. Outside of New York City, there were 49 inti-
mate partner homicides -- the highest in 5 years (56.3% of a total of 87
intimate partner homicides), with 38 in New York City. Similarly, of
the 144 total domestic homicides in 2013, 83 (57.6%) occurred outside
New York City -- the highest in 5 years -- and 61 in New York City.
Women continue to account for most of all intimate partner homicides in
New York (78.2% in 2013). Of the 130 total homicide victims who were
female, age 16 and older, 51.5% were killed by intimate partners. 2014
DCJS Report. In addition, eleven domestic homicide incidents reported in
2013 involved multiple victims, a total of 26, including seven children.
Firearms, which include handguns, rifles, shotguns and other firearms,
are the weapons used in one-third of intimate partner homicides, with
firearms used in 18.4% of intimate partner homicides in New York City
and in 42.9% of intimate partner homicides in the rest of the state.
2014 DCJS Report. Domestic violence often escalates in severity over
time and the presence of a firearm increases the likelihood that it will
escalate to a homicide. "When a gun was in the house, an abused woman
was 6 times more likely than other abused women to be killed." See U.S.
v. Castleman, 572 U.S.(2014), citing Campbell et al., Assessing Risk
Factors for Intimate Partner Homicide, DOJ, Nat. Institute of Justice
J., No. 250, p. 16 (Nov. 2003).
In recognition of this stark reality, Congress prohibited, in addition
to felons, those individuals convicted of misdemeanor crimes of domestic
violence from possessing firearms.
Under current law, when a person is convicted of a felony or serious
offense or an order of protection is issued for victims of family
offenses in certain circumstances, the court must revoke any existing
license of that person to possess a firearm and order the immediate
surrender of any firearms that person owns or possesses. The law does
not, however, provide for the surrender of these dangerous weapons upon
conviction of a misdemeanor crime of domestic violence even though upon
such a conviction, the person would be prohibited under federal law from
purchasing or possessing a firearm.
Firearms, rifles, shotguns, antique firearms, black powder rifles, black
powder shotguns and muzzle-loading firearms clearly have the ability to
inflict or threaten serious injury or cause death. They should be
removed from the abuser's possession upon conviction of a misdemeanor
crime of domestic violence.
By requiring the surrender of firearms, rifles, shotguns, antique
firearms, black powder rifles, black powder shotguns and muzzle-loading
firearms of those persons who have been convicted of a misdemeanor crime
of domestic violence, we will be better able to protect the safety and
welfare of domestic violence victims who we know are at risk of harm at
the hands of their abusers.
LEGISLATIVE HISTORY:
Similar to A.9515,
2014 referred to Codes.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Effective immediately and shall apply to convictions on or after such
effective date as well as to charges for such offenses pending on such
effective date for which sentence had not yet been imposed.
