Relates to the suspension and revocation of firearms licenses upon the issuance of orders of protection

Summary of specific provisions

Section 1 amends CPL 530.14(1) to require a court issuing a temporary order of protection in a criminal case to order the immediate surrender of all firearms owned or possessed by the person against whom the order of protection is issued (and the suspension of any existing firearm license) 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. Under current CPL 530.14 (1), the court, notwithstanding this "substantial risk" determination, retains complete discretion NOT to order the surrender of firearms or the suspension of the gun license.

Sections 2 and 3 amend CPL §530.14(2) and (3), respectively, to make corresponding changes to the existing firearm surrender and gun license suspension/revocation provisions in criminal cases where, upon conviction, a final order of protection is issued and in cases where the defendant has been found to have willfully violated a pending order of protection.

Sections 4, 5 and 6 amend subdivisions (1), (2) and (3), respectively, of Family Court Act section 842-a to make corresponding changes to the existing firearm surrender and gun license suspension/revocation provisions applicable to Family Court proceedings where a temporary or final order of protection is issued, and in Family Court cases where the respondent has been found to have willfully violated a pending order of protection.

Sections 4, 5 and 6, as well as section 7, also replace the term "serious physical injury" with "physical injury" in separate but related firearm surrender provisions of Family Court Act sections 842-a and 846-a, thereby conforming these provisions to the corresponding firearm surrender provisions of the CPL.

Section 8 contains the effective date.

Existing law

Both the CPL and Family Court Act currently require a court issuing an order of protection to order the immediate surrender of all firearms owned or possessed by the defendant or respondent, and the immediate suspension or revocation of any existing firearm license, but only where certain statutory criteria are met (e.g., the defendant or respondent has a prior conviction for any violent felony offense, or

the order of protection is a final order issued upon conviction for a felony offense or a non-felony "serious offense" as defined in Penal Law section 400.00(11)). Where these "mandatory surrender" criteria are not satisfied, the court may, but need not, order the immediate surrender of firearms where it 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.

Justification

Guns and domestic violence are a lethal combination, killing on average, three women every day. The presence of a gun greatly increases the chances that a domestic violence incident will end with a homicide. A woman is three times more likely to he murdered by a gun used by her husband or intimate partner, than killed by a stranger's guns, knives, or other weapons combined. A study of female domestic homicides found that the presence of guns in the home made a woman 1.2 times more likely to be the victim of a domestic homicide. It is self-evident that firearms must not remain in the hands of those who present a "substantial risk" that they may use a firearm to harm the very person for whose benefit an order of protection is issued. By eliminating the discretion criminal and Family Courts in these cases now have to allow an individual who is the subject of an order of protection and has been found to pose a "substantial risk" to the protected party to continue to possess firearms, this bill will help to ensure that surviving victims of domestic violence and other crimes receive the maximum protection the law can provide.

Prior legislative history

2011-12: S.674 2010- S.7142-A Passed Senate

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect immediately.