What's happening
This bill limits firearm license revocation or suspension to cases involving orders of protection or their willful violation.
Why it matters
Narrows the grounds for firearm license revocation or suspension. , ensuring that it can only happen if there is an active order of protection (temporary or permanent) or if such an order has been willfully violated. This means other reasons for suspension/revocation outside these contexts are no longer valid.
Potentially strengthens due process protections for licensees. by limiting the discretion of authorities to revoke or suspend firearm licenses, making the process more predictable and tied to concrete legal findings such as the issuance or violation of protective orders.
Could impact public safety and domestic violence responses. , as it restricts immediate license revocation or suspension to situations involving protective orders, possibly leaving other concerning behaviors or criminal charges outside this trigger for removing firearms from individuals.
Reflects a policy shift towards prioritizing judicial findings (orders of protection) over administrative or discretionary actions. in determining when someone should lose their firearm license, which could have implications for both gun rights advocates and advocates for stricter gun control.
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Who cares
Headline styles
Limit Gun License Revocations
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 62
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
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.
Limit Firearm License Revocation
In Assembly Committee · Codes · Sponsor Angelo J. Morinello
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1279
2017-2018 Regular Sessions
IN SENATE
January 9, 2017
Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to revocation or suspension of a license to carry or possess a firearm
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 11 of section 400.00 of the penal law, as amended by chapter 1 of the laws of 2013, is amended to read as follows:
(a) The conviction of a licensee anywhere of a felony or serious offense or a licensee at any time becoming ineligible to obtain a license under this section shall operate as a revocation of the license. A license may be revoked or suspended as provided for in section 530.14 of the criminal procedure law or section eight hundred forty-two-a of the family court act; provided that a revocation or suspension of a license under such sections shall only occur where a temporary order of protection or an order of protection has been issued, or a temporary order of protection or an order of protection has been willfully violated. Except for a license issued pursuant to section 400.01 of this article, a license may be revoked and cancelled at any time in the city of New York, and in the counties of Nassau and Suffolk, by the licensing officer, and elsewhere than in the city of New York by any judge or justice of a court of record; a license issued pursuant to section 400.01 of this article may be revoked and cancelled at any time by the licensing officer or any judge or justice of a court of record. The official revoking a license shall give written notice thereof without unnecessary delay to the executive department, division of state police, Albany, and shall also notify immediately the duly constituted police authorities of the locality.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04839-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to revocation or suspension of a license to carry or possess a firearm
Purpose or general idea of bill
This legislation provides that a revocation or suspension of a license shall only occur where a temporary order of protection or an order of protection has been issues, or a temporary order of protection or order of protection has been willfully violated.
Summary of specific provisions
Section 1 Amends paragraph (a) of subdivision 11 of section 400.00 of the penal law to provides that a revocation or suspension of a license shall only occur where a temporary order of protection or an order of protection has been issues, or a temporary order of protection or order of protection has been willfully violated.
Section 2 is the effective date.
Justification
Under current law a Judge has the ability to revoke an individual's license for certain reasons under both penal law and the family court act. However a Judge could use a very loose interpretation of this law to infringe upon an individual's Second Amendment rights. This legislation seeks to tighten up the law to ensure that certain individuals can have their license revoked, but that law abiding citizens cannot be forced to give up their license and weapons only to have to fight through the court system to get them back.
Legislative history
None.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.