STATE OF NEW YORK
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5577
2017-2018 Regular Sessions
IN SENATE
April 17, 2017
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Introduced by Sen. LANZA -- (at request of the Office of Court Adminis-
tration) -- read twice and ordered printed, and when printed to be
committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to procedures
for the return of firearms voluntarily surrendered in connection with
an order of protection
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (b) of subdivision 5 of section 530.14 of the
2 criminal procedure law, as added by chapter 644 of the laws of 1996, is
3 amended to read as follows:
4 (b) The prompt surrender of one or more firearms pursuant to a court
5 order issued pursuant to this section shall be considered a voluntary
6 surrender for purposes of subparagraph (f) of paragraph one of subdivi-
7 sion a of section 265.20 of the penal law. The disposition of any such
8 firearms shall be in accordance with the provisions of subdivision six
9 of section 400.05 of the penal law; provided, however, that upon termi-
10 nation of any suspension order issued pursuant to this section or
11 section eight hundred forty-two-a of the family court act, and upon
12 written application of the subject of the order, with notice and oppor-
13 tunity to be heard to the district attorney, the county attorney, the
14 protected party and any licensing officer responsible for issuance of a
15 firearms license to the subject of the order pursuant to article four
16 hundred of the penal law, and upon a written finding that there is no
17 legal impediment to the subject's possession of a surrendered firearm,
18 any court of record exercising criminal jurisdiction may order the
19 return of a firearm not otherwise disposed in accordance with subdivi-
20 sion six of section 400.05 of the penal law. When issuing such order in
21 connection with any firearm subject to a license requirement under arti-
22 cle four hundred of the penal law, unless the licensing authority
23 consents to a shorter period, the order must be stayed for ninety days
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09741-01-7
S. 5577 2
1 or until the conclusion of any license revocation proceeding, whichever
2 is longer.
3 § 2. This act shall take effect on the ninetieth day after it shall
4 have become a law.
