§ 530.14 — Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400

New York § 530.14

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title P: Procedures For Securing Attendance At Criminal Actions and Proceedings of Defendants and Witnesses Under Control of Court--recognizance, Bail and Commitment
• Part 3: Special Proceedings and Miscellaneous Procedures
• Art. 530: Orders of Recognizance or Bail With Respect to Defendants In Criminal Actions and Proceedings--when and By What Courts Authorized

Text

§ 530.14 Suspension and revocation of a license to carry, possess,\n repair or dispose of a firearm or firearms pursuant to\n section 400.00 of the penal law and ineligibility for such a\n license; order to surrender firearms; order to seize\n firearms.\n 1. Suspension of firearms license and ineligibility for such a license\nupon issuance of temporary order of protection. Whenever a temporary\norder of protection is issued pursuant to subdivision one of section\n530.12 or subdivision one of section 530.13 of this article the court\nshall inquire of the defendant and the prosecutor as to the existence\nand location of any firearm, rifle or shotgun reasonably believed to be\nowned or possessed by the defendant, and the prosecutor will make\nreasonable efforts to obtain such information regarding the same and\npresent it to the court and:\n (a) the court shall suspend any such existing license possessed by the\ndefendant, order the defendant ineligible for such a license and order\nthe immediate surrender of any or all firearms, rifles and shotguns\nowned or possessed where the court receives information that gives the\ncourt good cause to believe that (i) the defendant has a prior\nconviction of any violent felony offense as defined in section 70.02 of\nthe penal law; (ii) the defendant has previously been found to have\nwillfully failed to obey a prior order of protection and such willful\nfailure involved (A) the infliction of physical injury, as defined in\nsubdivision nine of section 10.00 of the penal law, (B) the use or\nthreatened use of a deadly weapon or dangerous instrument as those terms\nare defined in subdivisions twelve and thirteen of section 10.00 of the\npenal law, or (C) behavior constituting any violent felony offense as\ndefined in section 70.02 of the penal law; or (iii) the defendant has a\nprior conviction for stalking in the first degree as defined in section\n120.60 of the penal law, stalking in the second degree as defined in\nsection 120.55 of the penal law, stalking in the third degree as defined\nin section 120.50 of the penal law or stalking in the fourth degree as\ndefined in section 120.45 of such law;\n (b) the court shall where the court finds a substantial risk that the\ndefendant may use or threaten to use a firearm, rifle or shotgun\nunlawfully against the person or persons for whose protection the\ntemporary order of protection is issued, suspend any such existing\nlicense possessed by the defendant, order the defendant ineligible for\nsuch a license and order the immediate surrender pursuant to\nsubparagraph (f) of paragraph one of subdivision a of section 265.20 and\nsubdivision six of section 400.05 of the penal law, of any or all\nfirearms, rifles and shotguns owned or possessed; and\n (c) the court shall where the defendant willfully refuses to surrender\nsuch firearm, rifle or shotgun pursuant to paragraphs (a) and (b) of\nthis subdivision, or may for other good cause shown, order the immediate\nseizure of such firearm, rifle or shotgun, and search therefor, pursuant\nto an order issued in accordance with article six hundred ninety of this\npart, consistent with such rights as the defendant may derive from this\narticle or the constitution of this state or the United States.\n 2. Revocation or suspension of firearms license and ineligibility for\nsuch a license upon issuance of an order of protection. Whenever an\norder of protection is issued pursuant to subdivision five of section\n530.12 or subdivision four of section 530.13 of this article the court\nshall inquire of the defendant and the prosecutor as to the existence\nand location of any firearm, rifle or shotgun reasonably believed to be\nowned or possessed by the defendant, and the prosecutor will make\nreasonable efforts to obtain such information regarding the same and\npresent it to the court and:\n (a) the court shall revoke any such existing license possessed by the\ndefendant, order the defendant ineligible for such a license and order\nthe immediate surrender of any or all firearms, rifles and shotguns\nowned or possessed where such action is required by section 400.00 of\nthe penal law;\n (b) the court shall where the court finds a substantial risk that the\ndefendant may use or threaten to use a firearm, rifle or shotgun\nunlawfully against the person or persons for whose protection the order\nof protection is issued, (i) revoke any such existing license possessed\nby the defendant, order the defendant ineligible for such a license and\norder the immediate surrender of any or all firearms, rifles and\nshotguns owned or possessed or (ii) suspend or continue to suspend any\nsuch existing license possessed by the defendant, order the defendant\nineligible for such a license and order the immediate surrender pursuant\nto subparagraph (f) of paragraph one of subdivision a of section 265.20\nand subdivision six of section 400.05 of the penal law, of any or all\nfirearms, rifles and shotguns owned or possessed; and\n (c) the court shall where the defendant willfully refuses to surrender\nsuch firearm, rifle or shotgun pursuant to paragraphs (a) and (b) of\nthis subdivision, or may for other good cause shown, order the immediate\nseizure of such firearm, rifle or shotgun, and search therefor, pursuant\nto an order issued in accordance with article six hundred ninety of this\npart, consistent with such rights as the defendant may derive from this\narticle or the constitution of this state or the United States.\n 3. Revocation or suspension of firearms license and ineligibility for\nsuch a license upon a finding of a willful failure to obey an order of\nprotection. Whenever a defendant has been found pursuant to subdivision\neleven of section 530.12 or subdivision eight of section 530.13 of this\narticle to have willfully failed to obey an order of protection issued\nby a court of competent jurisdiction in this state or another state,\nterritorial or tribal jurisdiction, in addition to any other remedies\navailable pursuant to subdivision eleven of section 530.12 or\nsubdivision eight of section 530.13 of this article the court shall\ninquire of the defendant and the prosecutor as to the existence and\nlocation of any firearm, rifle or shotgun reasonably believed to be\nowned or possessed by the defendant, and the prosecutor will make\nreasonable efforts to obtain such information regarding the same and\npresent it to the court and:\n (a) the court shall revoke any such existing license possessed by the\ndefendant, order the defendant ineligible for such a license and order\nthe immediate surrender of any or all firearms, rifles and shotguns\nowned or possessed where the willful failure to obey such order involved\n(i) the infliction of physical injury, as defined in subdivision nine of\nsection 10.00 of the penal law, (ii) the use or threatened use of a\ndeadly weapon or dangerous instrument as those terms are defined in\nsubdivisions twelve and thirteen of section 10.00 of the penal law,\n(iii) behavior constituting any violent felony offense as defined in\nsection 70.02 of the penal law; or (iv) behavior constituting stalking\nin the first degree as defined in section 120.60 of the penal law,\nstalking in the second degree as defined in section 120.55 of the penal\nlaw, stalking in the third degree as defined in section 120.50 of the\npenal law or stalking in the fourth degree as defined in section 120.45\nof such law;\n (b) the court shall where the court finds a substantial risk that the\ndefendant may use or threaten to use a firearm, rifle or shotgun\nunlawfully against the person or persons for whose protection the order\nof protection was issued, (i) revoke any such existing license possessed\nby the defendant, order the defendant ineligible for such a license and\norder the immediate surrender pursuant to subparagraph (f) of paragraph\none of subdivision a of section 265.20 and subdivision six of section\n400.05 of the penal law, of any or all firearms, rifles and shotguns\nowned or possessed or (ii) suspend any such existing license possessed\nby the defendant, order the defendant ineligible for such a license and\norder the immediate surrender pursuant to subparagraph (f) of paragraph\none of subdivision a of section 265.20 and subdivision six of section\n400.05 of the penal law, of any or all firearms, rifles and shotguns\nowned or possessed; and\n (c) the court shall where the defendant willfully refuses to surrender\nsuch firearm, rifle or shotgun pursuant to paragraphs (a) and (b) of\nthis subdivision, or may for other good cause shown, order the immediate\nseizure of such firearm, rifle or shotgun, and search therefor, pursuant\nto an order issued in accordance with article six hundred ninety of this\npart, consistent with such rights as the defendant may derive from this\narticle or the constitution of this state or the United States.\n 4. Suspension. Any suspension order issued pursuant to this section\nshall remain in effect for the duration of the temporary order of\nprotection or order of protection, unless modified or vacated by the\ncourt.\n 5. Surrender. (a) Where an order to surrender one or more firearms,\nrifles and shotguns has been issued, the temporary order of protection\nor order of protection shall specify the place where such weapons shall\nbe surrendered, shall specify a date and time by which the surrender\nshall be completed and, to the extent possible, shall describe such\nweapons to be surrendered, and shall direct the authority receiving such\nsurrendered weapons to immediately notify the court of such surrender.\n (b) The prompt surrender of one or more firearms, rifles or shotguns\npursuant to a court order issued pursuant to this section shall be\nconsidered a voluntary surrender for purposes of subparagraph (f) of\nparagraph one of subdivision a of section 265.20 of the penal law. The\ndisposition of any such weapons, including weapons ordered to be seized\npursuant to this section and section eight hundred forty-two-a of the\nfamily court act, shall be in accordance with the provisions of\nsubdivision six of section 400.05 of the penal law; provided, however,\nthat upon termination of any suspension order issued pursuant to this\nsection or section eight hundred forty-two-a of the family court act,\nupon written application of the subject of the order, with notice and\nopportunity to be heard to the district attorney, the county attorney,\nthe protected party, and every licensing officer responsible for\nissuance of a firearms license to the subject of the order pursuant to\narticle four hundred of the penal law, and upon a written finding that\nthere is no legal impediment to the subject's possession of a\nsurrendered firearm, rifle or shotgun, any court of record exercising\ncriminal jurisdiction may order the return of a firearm, rifle or\nshotgun not otherwise disposed of in accordance with subdivision six of\nsection 400.05 of the penal law. When issuing such order in connection\nwith any firearm subject to a license requirement under article four\nhundred of the penal law, if the licensing officer informs the court\nthat he or she will seek to revoke the license, the order shall be\nstayed by the court until the conclusion of any license revocation\nproceeding.\n (c) The provisions of this section shall not be deemed to limit,\nrestrict or otherwise impair the authority of the court to order and\ndirect the surrender of any or all firearms, rifles and shotguns owned\nor possessed by a defendant pursuant to sections 530.12 or 530.13 of\nthis article.\n (d) If any other person demonstrates that such person is the lawful\nowner of any weapon taken into custody pursuant to this section or\nsection eight hundred forty-two-a of the family court act, and provided\nthat the court has made a written finding that there is no legal\nimpediment to the person's possession of such a weapon, such court shall\ndirect that such weapon be returned to such lawful owner.\n 6. Notice. (a) Where an order requiring surrender, revocation,\nsuspension, seizure or ineligibility has been issued pursuant to this\nsection, any temporary order of protection or order of protection issued\nshall state that such firearm license has been suspended or revoked or\nthat the defendant is ineligible for such license, as the case may be,\nand that the defendant is prohibited from possessing any firearm, rifle\nor shotgun.\n (b) The court revoking or suspending the license, ordering the\ndefendant ineligible for such a license, or ordering the surrender or\nseizure of any firearm, rifle or shotgun shall immediately notify the\nduly constituted police authorities of the locality concerning such\naction and, in the case of orders of protection and temporary orders of\nprotection issued pursuant to section 530.12 of this article, shall\nimmediately notify the statewide registry of orders of protection.\n (c) The court revoking or suspending the license or ordering the\ndefendant ineligible for such a license shall give written notice\nthereof without unnecessary delay to the division of state police at its\noffice in the city of Albany.\n (d) Where an order of revocation, suspension, ineligibility, surrender\nor seizure is modified or vacated, the court shall immediately notify\nthe statewide registry of orders of protection and the duly constituted\npolice authorities of the locality concerning such action and shall give\nwritten notice thereof without unnecessary delay to the division of\nstate police at its office in the city of Albany.\n 7. Hearing. The defendant shall have the right to a hearing before the\ncourt regarding any revocation, suspension, ineligibility, surrender or\nseizure order issued pursuant to this section, provided that nothing in\nthis subdivision shall preclude the court from issuing any such order\nprior to a hearing. Where the court has issued such an order prior to a\nhearing, it shall commence such hearing within fourteen days of the date\nsuch order was issued.\n 8. Nothing in this section shall delay or otherwise interfere with the\nissuance of a temporary order of protection or the timely arraignment of\na defendant in custody.\n