New York State Assembly

 
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A00980 Summary:

A00980 Actions:

A00980 Committee Votes:

Committee:CODES   Chair:Lentol      
DATE:01/30/2017AYE/NAY:18/4  Action: Favorable         
Lentol
Aye
Graf
Nay
Schimminger
Aye
Giglio
Nay
Weinstein
Aye
McKevitt
Aye
Pretlow
Aye
Montesano
Nay
Cook
Aye
Ra
Aye
Cymbrowitz
Aye
Morinello
Nay
Titus
Aye
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye

A00980 Floor Votes:

A00980 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           980
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 10, 2017
                                       ___________
 
        Introduced by M. of A. PAULIN, ZEBROWSKI, MOSLEY, GOTTFRIED, MAGNARELLI,
          OTIS,   QUART,  KAVANAGH,  WALKER,  BRONSON,  FAHY,  STECK,  BUCHWALD,
          SEAWRIGHT -- Multi-Sponsored by -- M. of A. GALEF, RICHARDSON, RIVERA,
          SIMON, THIELE -- read once and referred to the Committee on Codes
 
        AN ACT to amend the criminal procedure law, in  relation  to  orders  to
          surrender eligible weapons
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 370.15 of the criminal procedure law is amended  by
     2  adding three new subdivisions 4, 5 and 6 to read as follows:
     3    4.  Upon  judgment of conviction and determination of the defendant to
     4  be related or situated to the victim as set forth in this  section,  the
     5  court  shall require the respondent to inform the court of all firearms,
     6  rifles, shotguns, black powder rifles, black  powder  shotguns,  muzzle-
     7  loading  firearms  or antique firearms he or she owns or possesses.  The
     8  court shall order the immediate surrender pursuant to  subparagraph  (f)
     9  of paragraph one of subdivision a of section 265.20 of the penal law and
    10  subdivision  six  of  section  400.05  of  the  penal law, of any or all
    11  firearms, rifles, shotguns, black powder rifles, black powder  shotguns,
    12  muzzle-loading  firearms  or  antique firearms owned or possessed by the
    13  defendant.
    14    5. The court ordering the surrender of any  firearm,  rifle,  shotgun,
    15  black  powder  rifle,  black  powder  shotgun, muzzle-loading firearm or
    16  antique firearm as provided in this section shall immediately notify the
    17  duly constituted police authorities of the locality of such  action  and
    18  the  division  of state police at its office in the city of Albany.  The
    19  court shall direct the authority receiving  such  surrendered  firearms,
    20  rifles,  shotguns,  black  powder rifles, black powder shotguns, muzzle-
    21  loading firearms or antique firearms to immediately notify the court  of
    22  such surrender.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01087-01-7
        A. 980                              2
 
     1    6. (a) The disposition of any firearms, rifles, shotguns, black powder
     2  rifles,  black  powder  shotguns,  muzzle-loading  firearms  or  antique
     3  firearms surrendered pursuant to this section  shall  be  in  accordance
     4  with  the  provisions  of subdivision six of section 400.05 of the penal
     5  law.
     6    (b)  The  provisions  of  this  section  shall not be deemed to limit,
     7  restrict or otherwise impair the authority of the  court  to  order  and
     8  direct  the  surrender  of  any or all firearms, rifles, shotguns, black
     9  powder  rifles,  black  powder  shotguns,  muzzle-loading  firearms,  or
    10  antique firearms owned or possessed by a defendant pursuant to any other
    11  provision of law.
    12    §  2.  This  act  shall  take  effect  immediately  and shall apply to
    13  convictions on or after such effective date as well as  to  charges  for
    14  such  offenses pending on such effective date for which sentence has not
    15  yet been imposed.