Bill Text: NY A00980 | 2017-2018 | General Assembly | Introduced

New York Assembly Bill 980 (Prior Session Legislation)

Introduced

Bill Title: Relates to orders to surrender eligible weapons; requires the surrender of weapons following a conviction in certain misdemeanor cases.

Spectrum: Partisan Bill (Democrat 21-0)

Status: (Engrossed - Dead) 2018-04-23 - enacting clause stricken [A00980 Detail]

Download: New_York-2017-A00980-Introduced.html

                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.