Bill Text: NY A04277 | 2015-2016 | General Assembly | Amended

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Bill Title: Relates to gun violence restraining orders; provides a procedure whereby family members may prohibit persons from owning or possessing firearms if the person poses an immediate and present danger of causing personal injury to himself, herself, or another by having in his or her custody or control a firearm and a gun violence restraining order is necessary to prevent personal injury to the subject of the petition or another because less restrictive alternatives either have been tried and found to be ineffective, or have been determined to be inadequate.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2016-01-06 - referred to judiciary [A04277 Detail]

Download: New_York-2015-A04277-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         4277--A
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                    January 30, 2015
                                       ___________
        Introduced by M. of A. LAVINE, SIMON, SEAWRIGHT -- Multi-Sponsored by --
          M.  of A.  SCHIMEL -- read once and referred to the Committee on Judi-
          ciary -- committee discharged,  bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee
        AN  ACT  to  amend  the  family  court  act, in relation to gun violence
          restraining orders
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Article  12 of the family court act is renumbered article
     2  13, section 1211 is renumbered section 1311 and  a  new  article  12  is
     3  added to read as follows:
     4                                 ARTICLE 12
     5                       GUN VIOLENCE RESTRAINING ORDER
     6  Section 1211. General.
     7          1212. Temporary emergency gun violence restraining order.
     8          1213. Ex parte gun violence restraining order.
     9          1214. Gun  violence  restraining  order  issued after notice and
    10                  hearing.
    11          1215. Offenses.
    12    § 1211. General. 1. A gun violence restraining order is an  order,  in
    13  writing,  signed  by the court, prohibiting and enjoining a named person
    14  from having in his  or  her  custody  or  control,  owning,  purchasing,
    15  possessing, or receiving any firearms or ammunition. This article estab-
    16  lishes a civil restraining order process to accomplish that purpose.
    17    2.  The office of court administration shall prescribe the form of the
    18  petitions and orders and any other documents, and shall  promulgate  any
    19  rules of court, necessary to implement this article.
    20    3.  A petition for a gun violence restraining order shall describe the
    21  number, types, and locations of any firearms  and  ammunition  presently
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04326-02-5