Signed by Governor Kathy Hochul

Vote Smart's Synopsis:

Vote to pass a bill that requires police officers to take temporary custody of firearms for not less than 120 hours when responding to reports of family violence in New York.

Highlights:

• Requires a police officer who responds to a report of a family offense to take temporary custody of any of the following items in the possession of any person arrested for such crime (Sec. 1):

• Firearm;

• Rifle;

• Electric dart gun;

• Electronic stun gun;

• Disguised gun;

• Imitation weapon;

• Shotgun;

• Antique firearm;

• Black powder rifle; 

• Black powder shotgun; or 

• Muzzle-loading firearm. 

• Requires a police officer responding to a reported family offense to take temporary custody of any of the aforementioned items that are in plain sight or are discovered during a consensual or other lawful search if any one of the following circumstances are present (Sec. 1): 

• The victim responds in the affirmative to the suspect's threat questions; 

• The victim responds in the affirmative to any of the lethality assessment questions; or

• The officer has a reasonable belief that it is necessary to remove such weapons to protect the victim or other individuals present, or to prevent the risk of further violence or threat.

• Specifies that the weapons confiscated by the police officer shall be returned within 120 hours after effecting such seizure (Sec. 1).

• Specifies that this Act takes effect immediately upon passage (Sec. 2).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that requires police officers to take temporary custody of firearms for not less than 120 hours when responding to reports of family violence in New York.

Highlights:

• Requires a police officer who responds to a report of a family offense to take temporary custody of any of the following items in the possession of any person arrested for such crime (Sec. 1):

• Firearm;

• Rifle;

• Electric dart gun;

• Electronic stun gun;

• Disguised gun;

• Imitation weapon;

• Shotgun;

• Antique firearm;

• Black powder rifle; 

• Black powder shotgun; or 

• Muzzle-loading firearm. 

• Requires a police officer responding to a reported family offense to take temporary custody of any of the aforementioned items that are in plain sight or are discovered during a consensual or other lawful search if any one of the following circumstances are present (Sec. 1): 

• The victim responds in the affirmative to the suspect's threat questions; 

• The victim responds in the affirmative to any of the lethality assessment questions; or

• The officer has a reasonable belief that it is necessary to remove such weapons to protect the victim or other individuals present, or to prevent the risk of further violence or threat.

• Specifies that the weapons confiscated by the police officer shall be returned within 120 hours after effecting such seizure (Sec. 1).

• Specifies that this Act takes effect immediately upon passage (Sec. 2).

Full Bill Text