Bill Text: NY A06406 | 2011-2012 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides for the mandatory revocation or suspension of the firearms license of, and eligibility therefor of an individual against whom an order or temporary order of protection has been issued, under certain circumstances.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Engrossed - Dead) 2012-03-21 - REFERRED TO CHILDREN AND FAMILIES [A06406 Detail]
Download: New_York-2011-A06406-Introduced.html
Bill Title: Provides for the mandatory revocation or suspension of the firearms license of, and eligibility therefor of an individual against whom an order or temporary order of protection has been issued, under certain circumstances.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Engrossed - Dead) 2012-03-21 - REFERRED TO CHILDREN AND FAMILIES [A06406 Detail]
Download: New_York-2011-A06406-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6406
2011-2012 Regular Sessions
I N A S S E M B L Y
March 16, 2011
___________
Introduced by M. of A. WEINSTEIN, ROSENTHAL -- read once and referred to
the Committee on Codes
AN ACT to amend the family court act, the domestic relations law and the
criminal procedure law, in relation to providing for the mandatory
suspension or revocation of the firearms license of a person against
whom an order of protection or a temporary order of protection has
been issued under certain circumstances, or upon violation of any such
order
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivisions 1, 2 and 3 of section 842-a of the family
2 court act, as added by chapter 644 of the laws of 1996, paragraph (a) of
3 subdivision 1 as amended by chapter 434 of the laws of 2000, the opening
4 paragraph of subdivision 3 as amended by chapter 597 of the laws of
5 1998, paragraph (a) of subdivision 3 as amended by chapter 635 of the
6 laws of 1999, are amended to read as follows:
7 1. [Mandatory and permissive suspension] SUSPENSION of firearms
8 license and ineligibility for such a license upon the issuance of a
9 temporary order of protection. Whenever a temporary order of protection
10 is issued pursuant to section eight hundred twenty-eight of this
11 article, OR PURSUANT TO ARTICLE FOUR, FIVE, SIX, SEVEN OR TEN OF THIS
12 ACT:
13 (a) the court shall suspend any such existing license possessed by the
14 respondent, order the respondent ineligible for such a license, and
15 order the immediate surrender of any or all firearms owned or possessed
16 where the court receives information that gives the court good cause to
17 believe that: (i) the respondent has a prior conviction of any violent
18 felony offense as defined in section 70.02 of the penal law; (ii) the
19 respondent has previously been found to have willfully failed to obey a
20 prior order of protection and such willful failure involved (A) the
21 infliction of [serious] physical injury, as defined in subdivision [ten]
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09906-01-1
A. 6406 2
1 NINE of section 10.00 of the penal law, (B) the use or threatened use of
2 a deadly weapon or dangerous instrument as those terms are defined in
3 subdivisions twelve and thirteen of section 10.00 of the penal law, or
4 (C) behavior constituting any violent felony offense as defined in
5 section 70.02 of the penal law; or (iii) the respondent has a prior
6 conviction for stalking in the first degree as defined in section 120.60
7 of the penal law, stalking in the second degree as defined in section
8 120.55 of the penal law, stalking in the third degree as defined in
9 section 120.50 of the penal law or stalking in the fourth degree as
10 defined in section 120.45 of such law; and
11 (b) the court [may] SHALL where the court finds a substantial risk
12 that the respondent may use or threaten to use a firearm unlawfully
13 against the person or persons for whose protection the temporary order
14 of protection is issued, suspend any such existing license possessed by
15 the respondent, order the respondent ineligible for such a license, and
16 order the immediate surrender of any or all firearms owned or possessed.
17 2. [Mandatory and permissive revocation] REVOCATION or suspension of
18 firearms license and ineligibility for such a license upon the issuance
19 of an order of protection. Whenever an order of protection is issued
20 pursuant to section eight hundred forty-one of this part, OR PURSUANT TO
21 ARTICLE FOUR, FIVE, SIX, SEVEN OR TEN OF THIS ACT:
22 (a) the court shall revoke any such existing license possessed by the
23 respondent, order the respondent ineligible for such a license, and
24 order the immediate surrender of any or all firearms owned or possessed
25 where the court finds that the conduct which resulted in the issuance of
26 the order of protection involved (i) the infliction of [serious] phys-
27 ical injury, as defined in subdivision [ten] NINE of section 10.00 of
28 the penal law, (ii) the use or threatened use of a deadly weapon or
29 dangerous instrument as those terms are defined in subdivisions twelve
30 and thirteen of section 10.00 of the penal law, or (iii) behavior
31 constituting any violent felony offense as defined in section 70.02 of
32 the penal law; and
33 (b) the court [may] SHALL, where the court finds a substantial risk
34 that the respondent may use or threaten to use a firearm unlawfully
35 against the person or persons for whose protection the order of
36 protection is issued, (i) revoke any such existing license possessed by
37 the respondent, order the respondent ineligible for such a license and
38 order the immediate surrender of any or all firearms owned or possessed
39 or (ii) suspend or continue to suspend any such existing license
40 possessed by the respondent, order the respondent ineligible for such a
41 license, and order the immediate surrender of any or all firearms owned
42 or possessed.
43 3. [Mandatory and permissive revocation] REVOCATION or suspension of
44 firearms license and ineligibility for such a license upon a finding of
45 a willful failure to obey an order of protection OR TEMPORARY ORDER OF
46 PROTECTION. Whenever a respondent has been found, pursuant to section
47 eight hundred forty-six-a of this part to have willfully failed to obey
48 an order of protection OR TEMPORARY ORDER OF PROTECTION issued by this
49 court or [an order of protection issued] by a court of competent juris-
50 diction in another state, territorial or tribal jurisdiction, in addi-
51 tion to any other remedies available pursuant to section eight hundred
52 forty-six-a of this part:
53 (a) the court shall revoke any such existing license possessed by the
54 respondent, order the respondent ineligible for such a license, and
55 order the immediate surrender of any or all firearms owned or possessed
56 where the willful failure to obey such order involves (i) the infliction
A. 6406 3
1 of [serious] physical injury, as defined in subdivision [ten] NINE of
2 section 10.00 of the penal law, (ii) the use or threatened use of a
3 deadly weapon or dangerous instrument as those terms are defined in
4 subdivisions twelve and thirteen of section 10.00 of the penal law, or
5 (iii) behavior constituting any violent felony offense as defined in
6 section 70.02 of the penal law; or (iv) behavior constituting stalking
7 in the first degree as defined in section 120.60 of the penal law,
8 stalking in the second degree as defined in section 120.55 of the penal
9 law, stalking in the third degree as defined in section 120.50 of the
10 penal law or stalking in the fourth degree as defined in section 120.45
11 of such law; and
12 (b) the court [may] SHALL where the court finds a substantial risk
13 that the respondent may use or threaten to use a firearm unlawfully
14 against the person or persons for whose protection the order of
15 protection was issued, (i) revoke any such existing license possessed by
16 the respondent, order the respondent ineligible for such a license,
17 whether or not the respondent possesses such a license, and order the
18 immediate surrender of any or all firearms owned or possessed or (ii)
19 suspend any such existing license possessed by the respondent, order the
20 respondent ineligible for such a license, and order the immediate
21 surrender of any or all firearms owned or possessed.
22 S 2. Section 846-a of the family court act, as amended by chapter 597
23 of the laws of 1998, is amended to read as follows:
24 S 846-a. Powers on failure to obey order. If a respondent is brought
25 before the court for failure to obey any lawful order issued under this
26 article or an order of protection OR TEMPORARY ORDER OF PROTECTION
27 issued PURSUANT TO THIS ACT OR ISSUED by a court of competent jurisdic-
28 tion of another state, territorial or tribal jurisdiction [in a proceed-
29 ing] and if, after hearing, the court is satisfied by competent proof
30 that the respondent has willfully failed to obey any such order, the
31 court may modify an existing order OR TEMPORARY ORDER OF PROTECTION to
32 add reasonable conditions of behavior to the existing order [of
33 protection], make a new order of protection in accordance with section
34 eight hundred forty-two OF THIS PART, may order the forfeiture of bail
35 in a manner consistent with article five hundred forty of the criminal
36 procedure law if bail has been ordered pursuant to this act, may order
37 the respondent to pay the petitioner's reasonable and necessary counsel
38 fees in connection with the violation petition where the court finds
39 that the violation of its order was willful, and may commit the respond-
40 ent to jail for a term not to exceed six months. Such commitment may be
41 served upon certain specified days or parts of days as the court may
42 direct, and the court may, at any time within the term of such sentence,
43 revoke such suspension and commit the respondent for the remainder of
44 the original sentence, or suspend the remainder of such sentence. If the
45 court determines that the willful failure to obey such order involves
46 violent behavior constituting the crimes of menacing, reckless endanger-
47 ment, assault or attempted assault and if such a respondent is licensed
48 to carry, possess, repair and dispose of firearms pursuant to section
49 400.00 of the penal law, the court [may] SHALL also immediately revoke
50 such license and [may] SHALL arrange for the immediate surrender and
51 disposal of any firearm such respondent owns or possesses. If the will-
52 ful failure to obey such order involves the infliction of [serious]
53 physical injury as defined in subdivision [ten] NINE of section 10.00 of
54 the penal law or the use or threatened use of a deadly weapon or danger-
55 ous instrument, as those terms are defined in subdivisions twelve and
56 thirteen of section 10.00 of the penal law, such revocation and immedi-
A. 6406 4
1 ate surrender and disposal of any firearm owned or possessed by respond-
2 ent shall be mandatory, pursuant to subdivision eleven of section 400.00
3 of the penal law.
4 S 3. The family court act is amended by adding a new section 446-a to
5 read as follows:
6 S 446-A. FIREARMS; SURRENDER AND LICENSE SUSPENSION, REVOCATION AND
7 INELIGIBILITY. UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
8 ORDER OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT SHALL,
9 WHERE APPLICABLE, MAKE AN ORDER IN ACCORDANCE WITH SECTIONS EIGHT
10 HUNDRED FORTY-TWO-A AND EIGHT HUNDRED FORTY-SIX-A OF THIS ACT DIRECTING
11 THE SURRENDER OF FIREARMS, REVOKING OR SUSPENDING A PARTY'S FIREARMS
12 LICENSE, AND/OR DIRECTING THAT SUCH PARTY BE INELIGIBLE TO RECEIVE A
13 FIREARMS LICENSE.
14 S 4. The family court act is amended by adding a new section 552 to
15 read as follows:
16 S 552. FIREARMS; SURRENDER AND LICENSE SUSPENSION, REVOCATION AND
17 INELIGIBILITY. UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
18 ORDER OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT SHALL,
19 WHERE APPLICABLE, MAKE AN ORDER IN ACCORDANCE WITH SECTIONS EIGHT
20 HUNDRED FORTY-TWO-A AND EIGHT HUNDRED FORTY-SIX-A OF THIS ACT DIRECTING
21 THE SURRENDER OF FIREARMS, REVOKING OR SUSPENDING A PARTY'S FIREARMS
22 LICENSE, AND/OR DIRECTING THAT SUCH PARTY BE INELIGIBLE TO RECEIVE A
23 FIREARMS LICENSE.
24 S 5. The family court act is amended by adding a new section 656-a to
25 read as follows:
26 S 656-A. FIREARMS; SURRENDER AND LICENSE SUSPENSION, REVOCATION AND
27 INELIGIBILITY. UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
28 ORDER OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT SHALL,
29 WHERE APPLICABLE, MAKE AN ORDER IN ACCORDANCE WITH SECTIONS EIGHT
30 HUNDRED FORTY-TWO-A AND EIGHT HUNDRED FORTY-SIX-A OF THIS ACT DIRECTING
31 THE SURRENDER OF FIREARMS, REVOKING OR SUSPENDING A PARTY'S FIREARMS
32 LICENSE, AND/OR DIRECTING THAT SUCH PARTY BE INELIGIBLE TO RECEIVE A
33 FIREARMS LICENSE.
34 S 6. Part 7 of article 7 of the family court act is amended by adding
35 a new section 780-a to read as follows:
36 S 780-A. FIREARMS; SURRENDER AND LICENSE SUSPENSION, REVOCATION AND
37 INELIGIBILITY. UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
38 ORDER OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT SHALL,
39 WHERE APPLICABLE, MAKE AN ORDER IN ACCORDANCE WITH SECTIONS EIGHT
40 HUNDRED FORTY-TWO-A AND EIGHT HUNDRED FORTY-SIX-A OF THIS ACT DIRECTING
41 THE SURRENDER OF FIREARMS, REVOKING OR SUSPENDING A PARTY'S FIREARMS
42 LICENSE, AND/OR DIRECTING THAT SUCH PARTY BE INELIGIBLE TO RECEIVE A
43 FIREARMS LICENSE.
44 S 7. The family court act is amended by adding a new section 1056-a
45 to read as follows:
46 S 1056-A. FIREARMS; SURRENDER AND LICENSE SUSPENSION, REVOCATION AND
47 INELIGIBILITY. UPON THE ISSUANCE OF AN ORDER OF PROTECTION OR TEMPORARY
48 ORDER OF PROTECTION, OR UPON A VIOLATION OF SUCH ORDER, THE COURT SHALL,
49 WHERE APPLICABLE, MAKE AN ORDER IN ACCORDANCE WITH SECTIONS EIGHT
50 HUNDRED FORTY-TWO-A AND EIGHT HUNDRED FORTY-SIX-A OF THIS ACT DIRECTING
51 THE SURRENDER OF FIREARMS, REVOKING OR SUSPENDING A PARTY'S FIREARMS
52 LICENSE, AND/OR DIRECTING THAT SUCH PARTY BE INELIGIBLE TO RECEIVE A
53 FIREARMS LICENSE.
54 S 8. The first undesignated and closing paragraphs of subdivision 3 of
55 section 240 of the domestic relations law, as added by chapter 606 of
56 the laws of 1999, are amended to read as follows:
A. 6406 5
1 (G) Any party moving for a temporary order of protection pursuant to
2 this subdivision during hours when the court is open shall be entitled
3 to file such motion or pleading containing such prayer for emergency
4 relief on the same day that such person first appears at such court, and
5 a hearing on the motion or portion of the pleading requesting such emer-
6 gency relief shall be held on the same day or the next day that the
7 court is in session following the filing of such motion or pleading.
8 (H) Upon issuance of an order of protection or temporary order of
9 protection or upon a violation of such order, the court [may] SHALL,
10 WHERE APPLICABLE, make an order in accordance with [section] SECTIONS
11 eight hundred forty-two-a AND EIGHT HUNDRED FORTY-SIX-A of the family
12 court act directing the surrender of firearms, revoking or suspending a
13 party's firearms license, and/or directing that such party be ineligible
14 to receive a firearms license. Upon issuance of an order of protection
15 pursuant to this section or upon a finding of a violation thereof, the
16 court also may direct payment of restitution in an amount not to exceed
17 ten thousand dollars in accordance with subdivision (e) of section eight
18 hundred forty-one of such act; provided, however, that in no case shall
19 an order of restitution be issued where the court determines that the
20 party against whom the order would be issued has already compensated the
21 injured party or where such compensation is incorporated in a final
22 judgment or settlement of the action.
23 S 9. Subdivision 9 of section 252 of the domestic relations law, as
24 added by chapter 606 of the laws of 1999, is amended to read as follows:
25 9. Upon issuance of an order of protection or temporary order of
26 protection or upon a violation of such order, the court [may take]
27 SHALL, WHERE APPLICABLE, MAKE an order in accordance with [section]
28 SECTIONS eight hundred forty-two-a AND EIGHT HUNDRED FORTY-SIX-A of the
29 family court act directing the surrender of firearms, revoking or
30 suspending a party's firearms license, and/or directing that such party
31 be ineligible to receive a firearms license. Upon issuance of an order
32 of protection pursuant to this section or upon a finding of a violation
33 thereof, the court also may direct payment of restitution in an amount
34 not to exceed ten thousand dollars in accordance with subdivision (e) of
35 section eight hundred forty-one of such act; provided, however, that in
36 no case shall an order of restitution be issued where the court deter-
37 mines that the party against whom the order would be issued has already
38 compensated the injured party or where such compensation is incorporated
39 in a final [judgement] JUDGMENT or settlement of the action.
40 S 10. The opening paragraph and paragraph (b) of subdivision 1 of
41 section 530.14 of the criminal procedure law, as added by chapter 644 of
42 the laws of 1996, are amended to read as follows:
43 [Mandatory and permissive suspension] SUSPENSION of firearms license
44 and ineligibility for such a license upon issuance of temporary order of
45 protection. Whenever a temporary order of protection is issued pursuant
46 to subdivision one of section 530.12 or subdivision one of section
47 530.13 of this article:
48 (b) the court [may] SHALL where the court finds a substantial risk
49 that the defendant may use or threaten to use a firearm unlawfully
50 against the person or persons for whose protection the temporary order
51 of protection is issued, suspend any such existing license possessed by
52 the defendant, order the defendant ineligible for such a license and
53 order the immediate surrender of any or all firearms owned or possessed.
54 S 11. The opening paragraph and paragraph (b) of subdivision 2 of
55 section 530.14 of the criminal procedure law, as added by chapter 644 of
56 the laws of 1996, are amended to read as follows:
A. 6406 6
1 [Mandatory and permissive revocation] REVOCATION or suspension of
2 firearms license and ineligibility for such a license upon issuance of
3 an order of protection. Whenever an order of protection is issued pursu-
4 ant to subdivision five of section 530.12 or subdivision four of section
5 530.13 of this article:
6 (b) the court [may] SHALL where the court finds a substantial risk
7 that the defendant may use or threaten to use a firearm unlawfully
8 against the person or persons for whose protection the order of
9 protection is issued, (i) revoke any such existing license possessed by
10 the defendant, order the defendant ineligible for such a license and
11 order the immediate surrender of any or all firearms owned or possessed
12 or (ii) suspend or continue to suspend any such existing license
13 possessed by the defendant, order the defendant ineligible for such a
14 license and order the immediate surrender of any or all firearms owned
15 or possessed.
16 S 12. The opening paragraph and paragraph (b) of subdivision 3 of
17 section 530.14 of the criminal procedure law, the opening paragraph as
18 amended by chapter 597 of the laws of 1998 and paragraph (b) as added by
19 chapter 644 of the laws of 1996, are amended to read as follows:
20 [Mandatory and permissive revocation] REVOCATION or suspension of
21 firearms license and ineligibility for such a license upon a finding of
22 a willful failure to obey an order of protection. Whenever a defendant
23 has been found pursuant to subdivision eleven of section 530.12 or
24 subdivision eight of section 530.13 of this article to have willfully
25 failed to obey an order of protection issued by a court of competent
26 jurisdiction in this state or another state, territorial or tribal
27 jurisdiction, in addition to any other remedies available pursuant to
28 subdivision eleven of section 530.12 or subdivision eight of section
29 530.13 of this article:
30 (b) the court [may] SHALL where the court finds a substantial risk
31 that the defendant may use or threaten to use a firearm unlawfully
32 against the person or persons for whose protection the order of
33 protection was issued, (i) revoke any such existing license possessed by
34 the defendant, order the defendant ineligible for such a license and
35 order the immediate surrender of any or all firearms owned or possessed
36 or (ii) suspend any such existing license possessed by the defendant,
37 order the defendant ineligible for such a license and order the immedi-
38 ate surrender of any or all firearms owned or possessed.
39 S 13. This act shall take effect immediately.
