Relates to orders to surrender subject weapons; establishes subject weapons to mean black powder rifles, black powder shotguns, muzzle-loading firearms, and antique firearms.
STATE OF NEW YORK
________________________________________________________________________
9515
IN ASSEMBLY
May 6, 2014
___________
Introduced by M. of A. PAULIN, ZEBROWSKI, MOSLEY, GOTTFRIED, JACOBS,
MAGNARELLI, MILLMAN, OTIS, QUART, ROBINSON, SCARBOROUGH -- Multi-Spon-
sored by -- M. of A. GALEF, RIVERA, THIELE -- read once and referred
to the Committee on Codes
AN ACT to amend the penal law, in relation to orders to surrender
subject 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, "subject weapon" means a "black
5 powder rifle," "black powder shotgun," or any "muzzle-loading firearm,"
6 or an "antique firearm."
7 2. Whenever a person is convicted of assault or attempted assault in
8 the third degree, as defined in sections 120.00 and 110.00 of this chap-
9 ter, menacing or attempted menacing in the second degree, as defined in
10 section 120.14 and 110.00 of this chapter, criminal obstruction of
11 breathing or blood circulation or attempted criminal obstruction of
12 breathing or blood circulation, as defined in sections 121.11 and 110.00
13 of this chapter, forcible touching or attempted forcible touching, as
14 defined in sections 130.52 and 110.00 of this chapter, and the defendant
15 has been determined, pursuant to section 370.15 of the criminal proce-
16 dure law, to be related or situated to the victim of the offense in the
17 manner specified in 18 U.S.C. 921(a)(33)(A)(ii), the court shall order
18 the immediate surrender pursuant to subparagraph (f) of paragraph one of
19 subdivision a of section 265.20 of this chapter and subdivision six of
20 section 400.05 of this chapter, of any or all subject weapons owned or
21 possessed.
22 3. (a) Whenever a person is convicted as provided in subdivision two
23 of this section, the court shall require the respondent to inform the
24 court of all subject weapons he or she owns or possesses. Any order to
25 surrender one or more subject weapons shall specify a date and time by
26 which the surrender shall be completed and, to the extent possible,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14921-02-4
A. 9515 2
1 shall describe such subject weapons to be surrendered and shall direct
2 the authority receiving such surrendered subject weapons to immediately
3 notify the court of such surrender.
4 (b) The prompt surrender of one or more subject weapons pursuant to a
5 court order issued pursuant to this section shall be considered a volun-
6 tary surrender for purposes of subparagraph (f) of paragraph one of
7 subdivision a of section 265.20 of this chapter. The disposition of any
8 such subject weapons shall be in accordance with the provisions of
9 subdivision six of section 400.05 of this chapter.
10 (c) The provisions of this section shall not be deemed to limit,
11 restrict or otherwise impair the authority of the court to order and
12 direct the surrender of any or all pistols, revolvers, rifles, shotguns,
13 other firearms, or subject weapons owned or possessed by a respondent
14 pursuant to this chapter.
15 4. (a) The court ordering the surrender of any subject weapon as
16 provided in this section shall immediately notify the duly constituted
17 police authorities of the locality of such action and the division of
18 state police at its office in the city of Albany.
19 (b) Where an order of surrender is modified or vacated, the court
20 shall immediately notify the duly constituted police authorities of the
21 locality concerning such action and shall give written notice thereof
22 without unnecessary delay to the division of state police at its office
23 in the city of Albany.
24 5. The respondent shall have the right to a hearing before the court
25 regarding any surrender order issued pursuant to this section, provided
26 that nothing in this subdivision shall preclude the court from issuing
27 any such order prior to a hearing. Where the court has issued such an
28 order prior to a hearing, it shall commence such hearing within fourteen
29 days of the date such order was issued.
30 § 2. Subdivision 4 of section 265.01 of the penal law, as amended by
31 chapter 1 of the laws of 2013, is amended to read as follows:
32 (4) He possesses a firearm, rifle, shotgun, antique firearm, black
33 powder rifle, black powder shotgun, or any muzzle-loading firearm, and
34 has been convicted of a felony or serious offense or an offense set
35 forth in section 370.15 of the criminal procedure law in which the court
36 makes a specific written determination that the defendant is related or
37 situated to the victim of the crime in the manner specified in 18 U.S.C.
38 921(a)(33)(A)(ii) as provided in section 370.15 of the criminal proce-
39 dure law; or
40 § 3. This act shall take effect immediately and shall apply to
41 convictions on or after such effective date as well as to charges for
42 such offenses pending on such effective date for which sentence had not
43 yet been imposed.
