Provides for mandatory revocation or suspension of the firearms license of an individual against whom an order or temporary order of protection has been issued

Summary of provisions of bill

Section 1 amends subdivisions 1, 2 and 3 of §842-a of the Family Court Act to require a court to direct immediate suspension of firearm licenses, order the respondent ineligible for such licenses and to direct immediate surrender of all firearms owned or possessed by the person against whom a temporary order of protection or final order of protection is issued or in instances of willful violation of such orders where the court finds a "substantial risk" that the individual may use or threaten to use a firearm unlawfully against the person for whose protection the order was issued. At present directing surrender of firearms and suspension of and ineligibility for firearm licenses where there is such a substantial risk is discretionary.

This section cross references other sections of the family court act where an order of protection may be issued to ensure that the same firearm suspension, revocation and ineligibility provisions apply uniformly in other instances where an order of protection is issued in family court.

Additionally, this section replaces the term "serious physical injury" with "physical injury" in the firearm suspension provisions of the family court act to conform to the 2007 amendments made to its criminal procedure law counterparts.

Section amends §846-a of the family court act to make corresponding changes to the firearm surrender and gun license suspension and revocation provisions therein.

Sections 3, 4, 5, 6 and 7 amend articles 4, 5, 6, 7 and 10 of the family court act respectively by adding a new section to each of those articles (§446-a, 552-a, 656-a, 780-a, 1056-a) with identical language providing that the firearm surrender and license suspension, revocation and ineligibility provisions as outlined in Article 8 of the family court act will apply.

Sections 8 and 9 amend sections 240 and 252 of the Domestic Relations Law to make corresponding changes to the firearm surrender and gun

license suspension and revocation provisions applicable to orders of protection and temporary orders of protection issued in matrimonial actions.

Sections 10, 11 and 12 amend subdivisions 1, 2 and 3, respectively of the criminal procedure law to make conforming changes to the existing firearm surrender and gun license suspension, revocation and eligibility provisions applicable in a criminal case where a temporary or final order of protection is issued and in cases where the respondent has been found to have willfully violated a pending order of protection where the court finds a "substantial risk" that the individual may use or threaten to use a firearm unlawfully against the person for whose protection the order was issued.

Section 13 provides for an immediate effective date.

Justification

This measure makes changes to the firearms provisions of the Family Court Act to conform to the 2007 amendments made to its Criminal Procedure Law counterparts relating to surrender, suspension, revocation of and ineligibility for firearms where a respondent has previously been found to have willfully violated a prior order of protection or temporary order of protection and where such violation involved infliction of physical injury. There is no reason why these conforming changes should not be made to the Family Court Act.

In addition, this measure clarifies that the same firearm procedures governing family offense proceedings under article eight of the Family Court Act will apply to orders of protection issued in other contexts in family court and in matrimonial cases under the domestic relations law. Orders of protection may be issued in the context of a criminal proceeding or in the context of a family court proceeding in family court. They may also be issued in the context of other family court proceedings such as child support, custody/visitation, paternity, PINS and abuse and neglect cases, as well as in the context of a matrimonial proceeding under the Domestic Relations Law. However, at present, the firearm surrender and gun license suspension, revocation and ineligibility provisions and procedures are referenced only in the Criminal Procedure Law and in article eight of the Family Court Act. This proposal remedies this by cross referencing the relevant article eight provisions of the Family Court Act.

Lastly, this measure amends the Family Court Act and the Criminal Procedure Law to make immediate surrender of firearms mandatory where the court finds a substantial risk that the individual may use or threaten to use a firearm unlawfully against the person for whose protection the order is issued. Currently, mandatory suspension of firearms despite such a substantial risk to the protected party is discretionary, except under certain very limited circumstances.

Orders of protection are intended to prevent violent crimes from occurring and are issued in cases involving domestic violence. However, individuals against whom such orders are issued often ignore the restrictions contained in such orders and, when they possess a firearm, the consequences can be tragic. There is not reason why

firearms should be permitted to remain in the hands of those who present a "substantial risk" that they may use a firearm to harm the person for whose protection the order is issued.

Domestic violence continues unabated and in some parts of the state, intimate partner violence is on the rise. According to the Office of Prevention of Domestic violence, domestic violence indicators are on the rise. Horrific incidents of domestic violence related homicides continue as spotlighted by media coverage of recent tragic domestic violence related homicides in New York.

Close to a quarter of all homicides reported outside of New York City in 2009 were domestic violence related. Domestic violence is the leading cause of homicide for women. In 2009, women accounted for 67% of domestic homicides in New York as compared to 13% of all other homicides. Females were victims in 76% of the intimate partner homicides reported in 2009. In addition, in 2009 firearms were used in 25% of domestic homicides statewide. Ensuring that firearms are removed from the hands of perpetrators of domestic abuse where there is a substantial risk to the victim will help increase victim safety. This bill will minimize the risk that a respondent or defendant will injure the victim with a firearm despite the existence of a current order of protection.

Legislative history

New bill, 2011

Fiscal implications for state and local governments

None.

Effective date

Immediately.