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A05257 Summary:

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A05257 Committee Votes:

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A05257 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5257
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 13, 2015
                                       ___________
 
        Introduced by M. of A. PAULIN, ZEBROWSKI, MOSLEY, GOTTFRIED, MAGNARELLI,
          OTIS,  QUART,  ROBINSON, SCARBOROUGH -- Multi-Sponsored by -- M. of A.
          GALEF, RIVERA, 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.
                                                                   LBD02897-04-5
        A. 5257                             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.