What's happening
The Safe Homes Act allows police responding to family offenses to temporarily seize firearms and related licenses for public safety.
Why it matters
Expands police authority during family offense calls. The bill allows officers to temporarily seize not just firearms but also a wide range of weapons (including stun guns, imitation weapons, antique firearms, and more) if found in plain sight, during a lawful search, or on anyone arrested or suspected of a family offense. This could reduce the risk of escalation in volatile domestic situations.
Includes firearm license removal. Along with weapons, police must also take any firearm licenses from the suspected offender, potentially preventing immediate reacquisition or legal possession of weapons during ongoing investigations or proceedings.
Provides clear procedures and rights for owners. The law requires officers to issue a receipt describing the seized items and outlining how and when the owner can recover them. Owners have at least 120 hours (or 144 hours if a weekend/holiday intervenes) to arrange transfer or reclaim lawful weapons, ensuring due process and clarity.
Links to nuisance and forfeiture laws for illegal use. Weapons used in crimes, possessed unlawfully, or court-ordered to be surrendered are declared nuisances under existing law, making them subject to forfeiture or disposal. This ensures weapons involved in violence or legal violations don’t return to circulation, reinforcing public safety.
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Who cares
Headline styles
Police Temporarily Seize Guns
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Recommit, enacting clause stricken
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4067
2019-2020 Regular Sessions
IN SENATE
February 27, 2019
Introduced by Sen. BIAGGI -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to establishing the safe homes act
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "safe homes act".
§ 2. Section 140.10 of the criminal procedure law is amended by adding a new subdivision 6 to read as follows:
6. (a) A police officer who responds to a report of a family offense as defined in section 530.11 of this chapter and section eight hundred twelve of the family court act may, in the interest of public safety, take temporary custody of any firearm, rifle, electronic dart gun, electronic stun gun, disguised gun, imitation weapon, shotgun, antique firearm, black powder rifle, black powder shotgun, or muzzle-loading firearm that is in plain sight or is discovered pursuant to a consensual or other lawful search, and shall take temporary custody of any such weapon that is in the possession of any person arrested for the commission of such family offense or suspected of its commission. An officer who takes custody of any weapon pursuant to this paragraph shall also take custody of any license to carry, possess, repair and dispose of such weapon issued to the person suspected of such family offense. The officer shall deliver such weapon and/or license to the appropriate law enforcement officer as provided in paragraph (f) of subdivision one of section 265.20 of the penal law.
(b) Upon taking custody of weapons or a license described in paragraph (a) of this subdivision, the responding officer shall give the owner or person in possession of such weapons or license a receipt describing such weapons or license and indicating any identification or serial number on such weapons. Such receipt shall indicate where the weapons or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06591-01-9
S. 4067 2
license can be recovered and describe the process for recovery provided in paragraph (d) of this subdivision.
(c) A weapon described in paragraph (a) of this subdivision that is utilized in the commission of an offense, that is unlawfully possessed, or that a court orders to be surrendered pursuant to subdivision two or subdivision three of section eight hundred forty-two-a of the family court act shall be declared a nuisance as provided in subdivision one of section 400.05 of the penal law and either disposed of in the manner described in subdivision two or retained as provided in subdivision three of section 400.05 of the penal law.
(d) Not less than one hundred twenty hours, or in the event that a Saturday, Sunday or legal holiday occurs during such period, one hundred forty-four hours, after a weapon other than a weapon described in paragraph (c) of this subdivision, is taken into temporary custody as provided in paragraph (a) of this subdivision, the owner or person who was in lawful possession of such weapon shall have the right to arrange for the sale or transfer of such weapon to a dealer, or to himself or herself, in the manner provided in subdivision six of section 400.05 of the penal law.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to establishing the safe homes act
Purpose of bill
To keep homes safe from the deadly combination of guns and domestic violence.
Summary of specific provisions
Section I titles the bill.
Section II amends section 140.10 of the criminal procedure law by adding a new subdivision 6 requiring law enforcement officers responding to a report of domestic violence to (1) determine whether there are firearms present at the scene of the incident, and (2) in the event of an arrest, remove such firearms and any relevant licenses to obtain firearms which are owned or possessed by the person being arrested until the court responsible for adjudicating the offense authorizes their release.
Section III sets forth the effective date.
Justification
Domestic violence incidents are emotionally charged and highly volatile. Having a gun in the household increases the risk of a domestic violence incident turning deadly. Separating alleged offenders from firearms is an important step in safeguarding family members and responding law enforcement officers.
Currently New York State does not require law enforcement officers to remove firearms from the scene of a domestic violence incident, even if an arrest is made. The New York City Police Department has an internal policy, but it is not clear whether the requirement for officers to remove a firearm is triggered by an arrest or by the officer's own judg- ment of whether the incident involved physical force; the policy is also unclear on whether firearms or licenses held by the victim should also be removed.
Many other states have adopted laws similar to this legislation, includ- ing California, Illinois, Montana, West Virginia, Nebraska, New Hamp- shire, New Jersey, Ohio, Oklahoma, Pennsylvania, Tennessee, Utah, Alas- ka, Arizona, Connecticut, Hawaii, Indiana and Maryland. It is time that New. York State adopts a statewide, uniform standard for removing guns from domestic violence perpetrators until a court determines that it is safe for the gun to be returned.
Legislative history
S.2182 of 2018 (Alcatara) : Died in Codes S.7443 of 2016 (Espaillat) : Died in Codes A.249 of 2015-2016 (Rozic) : Died in Codes A.3516-A of 2013-2014 (Rozic): Died in Codes S.6630 of 2012 (Klein): Died in Codes A.6746-A of 2011-2012 (Lancman): Died in Codes
Fiscal implications for state and local governments
None.
Effective date
The 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.