BILL NUMBER: S2102
SPONSOR: HARCKHAM
 
TITLE OF BILL:
An act to amend the criminal procedure law, in relation to requiring
police officers to take temporary custody of firearms when responding to
reports of family violence
 
PURPOSE:
Requires police officers to take temporary custody of firearms when
responding to reports of family violence
 
SUMMARY OF PROVISIONS:
Section 1 amends section 140.10 of the criminal procedure law to require
a police officer who responds to a report of a family offense to take
temporary custody of a firearm or other weapons within plain sight or is
discovered pursuant to a consensual or other lawful search and any
license to carry, possess, repair and dispose of such weapon issued to
the person arrested or suspected of such family offense.
Part (c) provides that not less than one hundred twenty hours after
effecting such seizure, and in the absence of (i) an order of prohibit-
ing the owner from possessing such a weapon and/or license, or (ii)
pending criminal charge or conviction which prohibits such owner for
possessing such a weapon and/or license, and upon a written finding that
there is no legal impediment to the owner's possession of such a weapon
an/or license, the court or, if no court is involved, licensing authori-
ty or custodian of the weapon shall direct return of a weapon not other-
wise disposed of and/or such license taken into custody pursuant to this
section.
Section 2 states the effective date.
 
JUSTIFICATION:
The Safe Homes Act of 2020 provides police officers answering a domestic
violence call the option to remove firearms in plain sight or discovered
pursuant to a consensual or other lawful search. This legislation seeks
to provide further protections to victims by mandating police officers
seize firearms in plain sight during a domestic violence call and any
license to carry, that is in the possession of any person arrested on
the suspicion of such family offense.
Additionally, this bill calls for the return of such firearms and
licenses not less than one hundred twenty hours after effecting such
seizure. Such legislation is necessary to ensure that firearms do not
return to dangerous hands before the courts have had sufficient time to
file any necessary charges to protect such victims.
 
LEGISLATIVE HISTORY:
2021-2022: S5026/A5455 - Died in Codes/Advanced to Third Reading
 
FISCAL IMPLICATIONS:
None to the State.
 
EFFECTIVE DATE:
This act shall take effect immediately.