STATE OF NEW YORK
________________________________________________________________________
9490
IN ASSEMBLY
May 2, 2014
___________
Introduced by M. of A. PAULIN, ZEBROWSKI, MOSLEY, ABINANTI, GOTTFRIED,
ROSA, DINOWITZ, GALEF, JACOBS, MAGNARELLI, MARKEY, MILLMAN, OTIS,
QUART, ROBINSON, SCARBOROUGH -- Multi-Sponsored by -- M. of A. RIVERA,
THIELE -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to orders to surrender eligi-
ble weapons
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 60.12-a to
2 read as follows:
3 § 60.12-a Order to surrender.
4 1. For purposes of this section, "eligible weapon" means (i) an "elec-
5 tronic dart gun," "electronic stun gun," or "disguised gun," as those
6 terms are defined in section 265.00 of this chapter, and (ii) an
7 "imitation weapon" as defined in subdivision two of section eight
8 hundred seventy-one of the general business law.
9 2. Whenever a person is convicted of assault or attempted assault in
10 the third degree, as defined in sections 120.00 and 110.00 of this chap-
11 ter, menacing or attempted menacing in the second degree, as defined in
12 section 120.14 and 110.00 of this chapter, criminal obstruction of
13 breathing or blood circulation or attempted criminal obstruction of
14 breathing or blood circulation, as defined in sections 121.11 and 110.00
15 of this chapter, forcible touching or attempted forcible touching, as
16 defined in sections 130.52 and 110.00 of this chapter, and the defendant
17 has been determined, pursuant to section 370.15 of the criminal proce-
18 dure law, to be related or situated to the victim of the offense in the
19 manner specified in 18 U.S.C. 921(a)(33)(A)(ii), the court shall order
20 the immediate surrender pursuant to subparagraph (f) of paragraph one of
21 subdivision a of section 265.20 of this chapter and subdivision six of
22 section 400.05 of this chapter, of any or all firearms, rifles, shot-
23 guns, assault weapons, or eligible weapons owned or possessed.
24 3. (a) Whenever a person is convicted as provided in subdivision two
25 of this section, the court shall require the respondent to inform the
26 court of all firearms, rifles, shotguns, assault weapons, or eligible
27 weapons he or she owns or possesses. Any order to surrender one or more
28 firearms, rifles, shotguns, assault weapons, or eligible weapons shall
29 specify a date and time by which the surrender shall be completed and,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14025-04-4
A. 9490 2
1 to the extent possible, shall describe such firearms, rifles, shotguns,
2 assault weapons, or eligible weapons to be surrendered and shall direct
3 the authority receiving such surrendered firearms, rifles, shotguns,
4 assault weapons, or eligible weapons to immediately notify the court of
5 such surrender.
6 (b) The prompt surrender of one or more firearms, rifles, shotguns,
7 assault weapons, or eligible weapons pursuant to a court order issued
8 pursuant to this section shall be considered a voluntary surrender for
9 purposes of subparagraph (f) of paragraph one of subdivision a of
10 section 265.20 of this chapter. The disposition of any such firearms,
11 rifles, shotguns, assault weapons, or eligible weapons shall be in
12 accordance with the provisions of subdivision six of section 400.05 of
13 this chapter.
14 (c) The provisions of this section shall not be deemed to limit,
15 restrict or otherwise impair the authority of the court to order and
16 direct the surrender of any or all pistols, revolvers, rifles, shotguns
17 or other firearms, assault weapons, or eligible weapons owned or
18 possessed by a respondent pursuant to this chapter.
19 4. (a) The court ordering the surrender of any firearm, rifle, shot-
20 gun, assault weapon, or eligible weapon as provided in this section
21 shall immediately notify the duly constituted police authorities of the
22 locality of such action and the division of state police at its office
23 in the city of Albany.
24 (b) Where an order of surrender is modified or vacated, the court
25 shall immediately notify the duly constituted police authorities of the
26 locality concerning such action and shall give written notice thereof
27 without unnecessary delay to the division of state police at its office
28 in the city of Albany.
29 5. The respondent shall have the right to a hearing before the court
30 regarding any surrender order issued pursuant to this section, provided
31 that nothing in this subdivision shall preclude the court from issuing
32 any such order prior to a hearing. Where the court has issued such an
33 order prior to a hearing, it shall commence such hearing within fourteen
34 days of the date such order was issued.
35 § 2. Paragraph (c) of subdivision 11 of section 400.00 of the penal
36 law, as added by chapter 1 of the laws of 2013, is amended to read as
37 follows:
38 (c) In any instance in which a person's license is suspended or
39 revoked under paragraph (a) or (b) of this subdivision, such person
40 shall surrender such license to the appropriate licensing official and
41 any and all firearms, rifles, [or] shotguns, antique firearms, black
42 powder rifles, black powder shotguns, muzzle-loading firearms, or eligi-
43 ble weapons as defined in subdivision one of section 60.12-a of this
44 chapter, owned or possessed by such person shall be surrendered to an
45 appropriate law enforcement agency as provided in subparagraph (f) of
46 paragraph one of subdivision a of section 265.20 of this chapter. In the
47 event such license, firearm, shotgun, [or] rifle, antique firearm, black
48 powder rifle, black powder shotgun, muzzle-loading firearm, or eligible
49 weapon is not surrendered, such items shall be removed and declared a
50 nuisance and any police officer or peace officer acting pursuant to his
51 or her special duties is authorized to remove any and all such weapons.
52 § 3. This act shall take effect immediately and shall apply to
53 convictions on or after such effective date as well as to charges for
54 such offenses pending on such effective date for which sentence had not
55 yet been imposed.
