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Who cares
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Sponsors
3 Co-sponsors
History
- Print number 4389a
- Amend and recommit to judiciary
- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to gun violence restraining orders
In Assembly Committee · Judiciary · Sponsor Charles Lavine
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the family court act, in relation to gun violence restraining orders
Purpose
This legislation would permit family members and law enforcement officials to seek a gun violence restraining order against an individual perceived to pose a certain level of threat to others and to themselves by having under his or her custody and control, owning, purchasing, possessing, or receiving a firearm and/or ammunition.
Summary of provisions
Section 1. Article 12 of the family court act is renumbered to article 13, section 1211 is renumbered section 1311 and a new article 12 is added to include: Section 1212 specifies the process to which a temporary emergency gun violence restraining order is issued as well as its requirements including a statement of grounds, the date and time the order expires, and the address of the superior court for the county in which the restrained party resides.
Read the full memo (605 words)
Section 1213 provides the process for the issuance of an ex parte gun violence restraining order by a court when the subject of the petition poses a significant danger, in the near future, of personal injury to himself, herself or another by having his or her custody or control firearms and/or alternatives have been tried and found ineffective.
Section 1214 describes the issuance of gun violence restraining orders issued after notice and the hearing where the petitioner has the burden of proving by clear and convincing evidence that both the subject of the petition pose a significant danger to himself, herself, or another by having in his or her possession firearms or ammunition, and that less restrictive alternatives have been tried and were inadequate or inappropriate for the circumstance.
Section 1215 concludes that every person who files for a petition knowing the information in the petition to be false or with the intent to harass is guilty of a misdemeanor. Additionally, every person who owns or possesses a firearm or ammunition with knowledge that he or she is prohibited from doing so pursuant to sections 1212, 1213, 1214 of this article is guilty of a misdemeanor and prohibited from having in his or her custody or control a firearm or ammunition for a five year period, to commence upon the expiration of the existing gun violence restraining order.
Justification
Tragic incidents of gun violence have become shockingly prevalent in recent years. Mass shootings in schools, movie theaters, and other public places have attracted national attention and prompted legislators, seeking preventative measures, to alter state, and national firearms laws.
This law gives immediate family members the right to petition the court to issue a gun violence restraining order against an immediate family member once the petitioner is able to prove that alternative actions have been tried and failed and that the petitioned family member's behavior poses a threat to himself, herself, or others by having under his or her custody and control, owning, purchasing, possessing, or receiving a firearm and/or ammunition. Before the issuance of a gun violence restraining order the court will examine the evidence provided through witness oaths, petitioner affidavits, and possible patterns of violent acts or violent threats within the past 12 months, in order to effectively issue a gun violence restraining order that would be in effect for one year. This legislation will be an effective mechanism to further prevent violent gun related acts from being committed.
Prior legislative history
New bill.
Fiscal implications for state and local governments
To be determined.
Effective date
This act shall take effect on the one hundred twentieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.