A 8406: Relates to issuance of warrants for seizures of firearms in supreme court and family court.

  
  STATE OF NEW YORK ________________________________________________________________________ 8406 2025-2026 Regular Sessions  IN ASSEMBLY May 13, 2025 ___________ Introduced by M. of A. LEVENBERG -- (at request of the Unified Court System) -- read once and referred to the Committee on Codes AN ACT to amend the family court act, the domestic relations law, the criminal procedure law and the judiciary law, in relation to issuance of warrants for seizures of firearms in cases in which orders of protection are issued in supreme court and family court The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 154-d of the family court act is amended by adding 2 a new subdivision 3 to read as follows: 3 3. Applications for orders to seize firearms. When the family court is 4 not in session, upon request of the petitioner, police officer, or other 5 public servant acting in the course of their official duties, a local 6 criminal court may issue an order pursuant to paragraph (c) of subdivi- 7 sion one, paragraph (c) of subdivision two, or paragraph (c) of subdivi- 8 sion three of section eight hundred forty-two-a of this act. 9 § 2. Paragraphs (c) of subdivisions 1, 2 and 3 of section 842-a of the 10 family court act, as amended by chapter 576 of the laws of 2022, are 11 amended to read as follows: 12 (c) the court shall where the [defendant] respondent willfully refuses 13 to surrender such firearm, rifle, or shotgun pursuant to paragraphs (a) 14 and (b) of this subdivision, or may for other good cause shown, order 15 the immediate seizure of such firearm, rifle, or shotgun, and search 16 therefor, pursuant to an order issued in accordance with article six 17 hundred ninety of the criminal procedure law, consistent with such 18 rights as the [defendant] respondent may derive from this article or the 19 constitution of this state or the United States; provided that, notwith- 20 standing subdivision one of section 690.05 and subdivision one of 21 section 690.35 of the criminal procedure law, the petitioner may make an 22 application for an order under this paragraph. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07915-01-5 
 A. 8406 2 1 (c) the court shall where the [defendant] respondent willfully refuses 2 to surrender such firearm, rifle, or shotgun pursuant to paragraphs (a) 3 and (b) of this subdivision, or may for other good cause shown, order 4 the immediate seizure of such firearm, rifle, or shotgun, and search 5 therefor, pursuant to an order issued in accordance with article six 6 hundred ninety of the criminal procedure law, consistent with such 7 rights as the [defendant] respondent may derive from this article or the 8 constitution of this state or the United States; provided that, notwith- 9 standing subdivision one of section 690.05 and subdivision one of 10 section 690.35 of the criminal procedure law, the petitioner may make an 11 application for an order under this paragraph. 12 (c) the court shall where the [defendant] respondent willfully refuses 13 to surrender such firearm, rifle, or shotgun pursuant to paragraphs (a) 14 and (b) of this subdivision, or may for other good cause shown, order 15 the immediate seizure of such firearm, rifle, or shotgun, and search 16 therefor, pursuant to an order issued in accordance with article six 17 hundred ninety of the criminal procedure law, consistent with such 18 rights as the [defendant] respondent may derive from this article or the 19 constitution of this state or the United States; provided that, notwith- 20 standing subdivision one of section 690.05 and subdivision one of 21 section 690.35 of the criminal procedure law, the petitioner may make an 22 application for an order under this paragraph. 23 § 3. Paragraphs (a) and (c) of subdivision 6 of section 842-a of the 24 family court act, as amended by section 11 of part M of chapter 55 of 25 the laws of 2020, are amended to read as follows: 26 (a) Where an order requiring surrender, revocation, suspension, 27 seizure or ineligibility has been issued pursuant to this section, any 28 temporary order of protection or order of protection issued shall state 29 that such firearm license has been suspended or revoked or that the 30 respondent is ineligible for such license, as the case may be, and that 31 the [defendant] respondent is prohibited from possessing any firearms, 32 rifles or shotguns. 33 (c) The court revoking or suspending the license or ordering the 34 [defendant] respondent ineligible for such license shall give written 35 notice thereof without unnecessary delay to the division of state police 36 at its office in the city of Albany. 37 § 4. Paragraph h of subdivision 3 of section 240 of the domestic 38 relations law, as amended by chapter 1 of the laws of 2013, is amended 39 to read as follows: 40 h. Upon issuance of an order of protection or temporary order of 41 protection or upon a violation of such order, the court shall make a 42 determination regarding the suspension and revocation of a license to 43 carry, possess, repair or dispose of a firearm or firearms, ineligibil- 44 ity for such a license and the surrender of a firearm, firearms, rifle 45 or shotgun in accordance with sections eight hundred forty-two-a and 46 eight hundred forty-six-a of the family court act, as applicable. Upon 47 issuance of an order of protection pursuant to this section or upon a 48 finding of a violation thereof, the court also may direct payment of 49 restitution in an amount not to exceed ten thousand dollars in accord- 50 ance with subdivision (e) of section eight hundred forty-one of such 51 act; provided, however, that in no case shall an order of restitution be 52 issued where the court determines that the party against whom the order 53 would be issued has already compensated the injured party or where such 54 compensation is incorporated in a final judgment or settlement of the 55 action. The court shall, where the party against whom the order of 56 protection or temporary order of protection was issued willfully refuses 
 A. 8406 3 1 to surrender such firearm, rifle or shotgun pursuant to subdivisions (a) 2 and (b) of section eight hundred forty-two-a of the family court act, or 3 may for other good cause shown, order the immediate seizure of such 4 firearm, rifle or shotgun, and search therefor, pursuant to an order 5 issued in accordance with article six hundred ninety of the criminal 6 procedure law, consistent with such rights as the party may derive from 7 this article or the constitution of this state or the United States; 8 provided that, notwithstanding subdivision one of section 690.05 and 9 subdivision one of section 690.35 of the criminal procedure law, a party 10 seeking protection may make an application for an order under this para- 11 graph. 12 § 5. Subdivision 9 of section 252 of the domestic relations law, as 13 amended by chapter 1 of the laws of 2013, is amended to read as follows: 14 9. Upon issuance of an order of protection or temporary order of 15 protection or upon a violation of such order, the court shall make a 16 determination regarding the suspension and revocation of a license to 17 carry, possess, repair or dispose of a firearm or firearms, ineligibil- 18 ity for such a license and the surrender of [firearms] a firearm, rifle 19 or shotgun in accordance with sections eight hundred forty-two-a and 20 eight hundred forty-six-a of the family court act, as applicable. Upon 21 issuance of an order of protection pursuant to this section or upon a 22 finding of a violation thereof, the court also may direct payment of 23 restitution in an amount not to exceed ten thousand dollars in accord- 24 ance with subdivision (e) of section eight hundred forty-one of such 25 act; provided, however, that in no case shall an order of restitution be 26 issued where the court determines that the party against whom the order 27 would be issued has already compensated the injured party or where such 28 compensation is incorporated in a final judgment or settlement of the 29 action. The court shall, where the party against whom the order of 30 protection or temporary order of protection was issued willfully refuses 31 to surrender such firearm, rifle or shotgun pursuant to subdivisions (a) 32 and (b) of section eight hundred forty-two-a of the family court act, or 33 may for other good cause shown, order the immediate seizure of such 34 firearm, rifle or shotgun, and search therefor, pursuant to an order 35 issued in accordance with article six hundred ninety of the criminal 36 procedure law, consistent with such rights as the party may derive from 37 this article or the constitution of this state or the United States; 38 provided that, notwithstanding subdivision one of section 690.05 and 39 subdivision one of section 690.35 of the criminal procedure law, a party 40 seeking protection may make an application for an order under this para- 41 graph. 42 § 6. Section 530.12 of the criminal procedure law is amended by adding 43 a new subdivision 3-c to read as follows: 44 3-c. Applications for orders to seize firearms. When the family court 45 is not in session, upon request of the petitioner, police officer or 46 other public servant acting in the course of their official duties, a 47 local criminal court may issue an order pursuant to paragraph (c) of 48 subdivision one, paragraph (c) of subdivision two or paragraph (c) of 49 subdivision three of section eight hundred forty-two-a of the family 50 court act. 51 § 7. Paragraph (n) and the opening paragraph of paragraph (o) of 52 subdivision 2 of section 212 of the judiciary law, paragraph (n) as 53 added by chapter 363 of the laws of 2010 and the opening paragraph of 54 paragraph (o) as added by chapter 219 of the laws of 2002, are amended 55 to read as follows: 
 A. 8406 4 1 (n) Have the power to authorize a court under subdivision (b) of 2 section forty-three hundred seventeen of the civil practice law and 3 rules to order a reference to determine [an application] applications 4 for: (i) an order of protection (including a temporary order of 5 protection) that, in accordance with law, is made ex parte or where all 6 parties besides the applicant default in appearance; and (ii) an order 7 for law enforcement to search for and seize firearms pursuant to section 8 eight hundred forty-two-a of the family court act; provided, however, 9 this paragraph shall only apply to applications brought in family court 10 during the hours that the court is in session, and after five o'clock 11 p.m. Training about domestic violence shall be required for all persons 12 who are designated to serve as references as provided in this paragraph. 13 Notwithstanding the provisions of paragraph (n) of this subdivision, 14 have the power to authorize family courts in the seventh and eighth 15 judicial districts to establish a judicial hearing officer pilot program 16 (hereinafter referred to as "pilot program") and, under subdivision (b) 17 of section forty-three hundred seventeen of the civil practice law and 18 rules, order a reference to determine [an application] applications for: 19 (i) an order of protection or temporary order of protection, that, in 20 accordance with law, is made ex parte or where all parties beside the 21 applicant default in appearance; and (ii) an order for law enforcement 22 to search for and seize firearms pursuant to section eight hundred 23 forty-two-a of the family court act; provided, however, that the chief 24 administrator shall not exercise this power without prior consultation 25 with the presiding justice of the fourth judicial department. Training 26 about domestic violence shall be required for all judicial hearing offi- 27 cers in the pilot program. 28 § 8. This act shall take effect immediately; provided, however, the 29 amendments to paragraph (n) of subdivision 2 of section 212 of the judi- 30 ciary law made by section seven of this act shall not affect the repeal 31 of such paragraph and shall be deemed repealed therewith.