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 grounds for license suspension/revocation. The bill would limit the ability of authorities to revoke or suspend firearm licenses only to situations involving the issuance or willful violation of orders of protection, reducing discretion for license removal in other circumstances.
Potentially increases firearm rights protections. By restricting revocation to specific legal triggers (orders of protection), the bill may provide greater security for license holders against losing their licenses for reasons not directly tied to domestic violence or personal safety orders.
Impacts enforcement flexibility. Law enforcement and courts would have less flexibility to revoke or suspend firearm licenses preemptively for concerns not connected to protective orders, which could have implications for public safety, particularly in ambiguous or escalating situations.
Reflects a shift in legal thresholds. The bill raises the threshold for state intervention on firearm possession, signaling a policy shift that prioritizes due process and specific legal findings over broader, possibly preventative, actions by licensing authorities.
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Who cares
Headline styles
Limit Gun License Revocations
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
196
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
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.
LBD02438-01-9
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 revoca- tion 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 legis- lation 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
S. 1279 referred to Senate Codes Committee
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.