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

New York § 842-A

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 4: Orders
• Art. 8: Family Offenses Proceedings

Text

§ 842-a. Suspension and revocation of a license to carry, possess,\nrepair or dispose of a firearm or firearms pursuant to section 400.00 of\nthe penal law and ineligibility for such a license; order to surrender\nfirearms; order to seize firearms.\n 1. Suspension of firearms license and ineligibility for such a license\nupon the issuance of a temporary order of protection. Whenever a\ntemporary order of protection is issued pursuant to section eight\nhundred twenty-eight of this article, or pursuant to article four, five,\nsix, seven or ten of this act the court shall inquire of the respondent\nand, outside of the presence of the respondent, the petitioner or, if\nthe petitioner is not the protected party, any party protected by such\norder, if the court has reason to believe that such petitioner or\nprotected party would have actual knowledge or reason to know such\ninformation, as to the existence and location of any firearm, rifle or\nshotgun owned or possessed by the respondent and:\n (a) the court shall suspend any such existing license possessed by the\nrespondent, order the respondent 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 where the court receives information that gives the\ncourt good cause to believe that: (i) the respondent has a prior\nconviction of any violent felony offense as defined in section 70.02 of\nthe penal law; (ii) the respondent 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 respondent 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\nrespondent 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 respondent, order the respondent 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 the\ncriminal procedure law, consistent with such rights as the defendant may\nderive from this article or the constitution of this state or the United\nStates.\n 2. Revocation or suspension of firearms license and ineligibility for\nsuch a license upon the issuance of an order of protection. Whenever an\norder of protection is issued pursuant to section eight hundred\nforty-one of this part, or pursuant to article four, five, six, seven or\nten of this act the court shall inquire of the respondent and, outside\nof the presence of the respondent, the petitioner or, if the petitioner\nis not the protected party, any party protected by such order, if the\ncourt has reason to believe that such petitioner or protected party\nwould have actual knowledge or reason to know such information, as to\nthe existence and location of any firearm, rifle or shotgun owned or\npossessed by the respondent and:\n (a) the court shall revoke any such existing license possessed by the\nrespondent, order the respondent 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 where the court finds that the conduct which resulted\nin the issuance of the order of protection involved (i) the infliction\nof physical injury, as defined in subdivision nine of section 10.00 of\nthe penal law, (ii) the use or threatened use of a deadly weapon or\ndangerous instrument as those terms are defined in subdivisions twelve\nand thirteen of section 10.00 of the penal law, or (iii) behavior\nconstituting any violent felony offense as defined in section 70.02 of\nthe penal law;\n (b) the court shall, where the court finds a substantial risk that the\nrespondent 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 respondent, order the respondent ineligible for such a license\nand order the immediate surrender pursuant to subparagraph (f) of\nparagraph one of subdivision a of section 265.20 and subdivision six of\nsection 400.05 of the penal law, 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 respondent, order the respondent\nineligible for such a license, and order the immediate surrender\npursuant to subparagraph (f) of paragraph one of subdivision a of\nsection 265.20 and subdivision six of section 400.05 of the penal law,\nof any or all firearms, 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 the\ncriminal procedure law, consistent with such rights as the defendant may\nderive from this article or the constitution of this state or the United\nStates.\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 or temporary order of protection. Whenever a respondent has\nbeen found, pursuant to section eight hundred forty-six-a of this part\nto have willfully failed to obey an order of protection or temporary\norder of protection issued pursuant to this act or the domestic\nrelations law, or by this court or by a court of competent jurisdiction\nin another state, territorial or tribal jurisdiction, in addition to any\nother remedies available pursuant to section eight hundred forty-six-a\nof this part the court shall inquire of the respondent and, outside the\npresence of the respondent, the petitioner or, if the petitioner is not\nthe protected party, any party protected by such order, if the court has\nreason to believe that such petitioner or protected party would have\nactual knowledge or reason to know such information, as to the existence\nand location of any firearm, rifle or shotgun owned or possessed by the\nrespondent and:\n (a) the court shall revoke any such existing license possessed by the\nrespondent, order the respondent 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 where the willful failure to obey such order involves\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, or\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\nrespondent 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 respondent, order the respondent ineligible for such a license,\nwhether or not the respondent possesses such a license, and order the\nimmediate surrender pursuant to subparagraph (f) of paragraph one of\nsubdivision a of section 265.20 and subdivision six of section 400.05 of\nthe penal law, of any or all firearms, rifles and shotguns owned or\npossessed or (ii) suspend any such existing license possessed by the\nrespondent, order the respondent ineligible for such a license, and\norder the immediate surrender of any or all firearms, rifles and\nshotguns 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 the\ncriminal procedure law, consistent with such rights as the defendant may\nderive from this article or the constitution of this state or the United\nStates.\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 or shotguns has been issued, the temporary order of protection or\norder of protection shall specify the place where such weapons shall be\nsurrendered, shall specify a date and time by which the surrender shall\nbe completed and, to the extent possible, shall describe such weapons to\nbe surrendered and shall direct the authority receiving such surrendered\nweapons 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 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 shall be in accordance with the\nprovisions of subdivision six of section 400.05 of the penal law;\nprovided, however that upon the termination of any suspension order\nissued pursuant to this section, any court of record exercising criminal\njurisdiction may order the return of a firearm, rifle or shotgun\npursuant to paragraph b of subdivision five of section 530.14 of the\ncriminal procedure law.\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 pistols, revolvers, rifles, shotguns\nor other firearms owned or possessed by a respondent pursuant to this\nact.\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 respondent is ineligible for such license, as the case may be,\nand that the defendant is prohibited from possessing any firearms,\nrifles or shotguns.\n (b) The court revoking or suspending the license, ordering the\nrespondent ineligible for such license, or ordering the surrender or\nseizure of any firearm, rifles or shotguns shall immediately notify the\nstatewide registry of orders of protection and the duly constituted\npolice authorities of the locality of such action.\n (c) The court revoking or suspending the license or ordering the\ndefendant ineligible for such license shall give written notice thereof\nwithout unnecessary delay to the division of state police at its office\nin the city of Albany.\n (d) Where an order of revocation, suspension, ineligibility,\nsurrender, or seizure is modified or vacated, the court shall\nimmediately notify the statewide registry of orders of protection and\nthe duly constituted police authorities of the locality concerning such\naction and shall give written notice thereof without unnecessary delay\nto the division of state police at its office in the city of Albany.\n 7. Hearing. The respondent shall have the right to a hearing before\nthe court regarding any revocation, suspension, ineligibility, surrender\nor seizure order issued pursuant to this section, provided that nothing\nin this 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.\n