N.Y. Criminal Procedure Law § 530.14: Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400

§ 530.14 Suspension and revocation of a license to carry, possess,

repair or dispose of a firearm or firearms pursuant to

section 400.00 of the penal law and ineligibility for such a

license; order to surrender firearms; order to seize

firearms.

1. Suspension of firearms license and ineligibility for such a license

upon issuance of temporary order of protection. Whenever a temporary

order of protection is issued pursuant to subdivision one of section

530.12 or subdivision one of section 530.13 of this article the court

shall inquire of the defendant and the prosecutor as to the existence

and location of any firearm, rifle or shotgun reasonably believed to be

owned or possessed by the defendant, and the prosecutor will make

reasonable efforts to obtain such information regarding the same and

present it to the court and:

(a) the court shall suspend any such existing license possessed by the

defendant, order the defendant ineligible for such a license and order

the immediate surrender of any or all firearms, rifles and shotguns

owned or possessed where the court receives information that gives the

court good cause to believe that (i) the defendant has a prior

conviction of any violent felony offense as defined in section 70.02 of

the penal law; (ii) the defendant has previously been found to have

willfully failed to obey a prior order of protection and such willful

failure involved (A) the infliction of physical injury, as defined in

subdivision nine of section 10.00 of the penal law, (B) the use or

threatened use of a deadly weapon or dangerous instrument as those terms

are defined in subdivisions twelve and thirteen of section 10.00 of the

penal law, or (C) behavior constituting any violent felony offense as

defined in section 70.02 of the penal law; or (iii) the defendant has a

prior conviction for stalking in the first degree as defined in section

120.60 of the penal law, stalking in the second degree as defined in

section 120.55 of the penal law, stalking in the third degree as defined

in section 120.50 of the penal law or stalking in the fourth degree as

defined in section 120.45 of such law;

(b) the court shall where the court finds a substantial risk that the

defendant may use or threaten to use a firearm, rifle or shotgun

unlawfully against the person or persons for whose protection the

temporary order of protection is issued, suspend any such existing

license possessed by the defendant, order the defendant ineligible for

such a license and order the immediate surrender pursuant to

subparagraph (f) of paragraph one of subdivision a of section 265.20 and

subdivision six of section 400.05 of the penal law, of any or all

firearms, rifles and shotguns owned or possessed; and

(c) the court shall where the defendant willfully refuses to surrender

such firearm, rifle or shotgun pursuant to paragraphs (a) and (b) of

this subdivision, or may for other good cause shown, order the immediate

seizure of such firearm, rifle or shotgun, and search therefor, pursuant

to an order issued in accordance with article six hundred ninety of this

part, consistent with such rights as the defendant may derive from this

article or the constitution of this state or the United States.

2. Revocation or suspension of firearms license and ineligibility for

such a license upon issuance of an order of protection. Whenever an

order of protection is issued pursuant to subdivision five of section

530.12 or subdivision four of section 530.13 of this article the court

shall inquire of the defendant and the prosecutor as to the existence

and location of any firearm, rifle or shotgun reasonably believed to be

owned or possessed by the defendant, and the prosecutor will make

reasonable efforts to obtain such information regarding the same and

present it to the court and:

(a) the court shall revoke any such existing license possessed by the

defendant, order the defendant ineligible for such a license and order

the immediate surrender of any or all firearms, rifles and shotguns

owned or possessed where such action is required by section 400.00 of

the penal law;

(b) the court shall where the court finds a substantial risk that the

defendant may use or threaten to use a firearm, rifle or shotgun

unlawfully against the person or persons for whose protection the order

of protection is issued, (i) revoke any such existing license possessed

by the defendant, order the defendant ineligible for such a license and

order the immediate surrender of any or all firearms, rifles and

shotguns owned or possessed or (ii) suspend or continue to suspend any

such existing license possessed by the defendant, order the defendant

ineligible for such a license and order the immediate surrender pursuant

to subparagraph (f) of paragraph one of subdivision a of section 265.20

and subdivision six of section 400.05 of the penal law, of any or all

firearms, rifles and shotguns owned or possessed; and

(c) the court shall where the defendant willfully refuses to surrender

such firearm, rifle or shotgun pursuant to paragraphs (a) and (b) of

this subdivision, or may for other good cause shown, order the immediate

seizure of such firearm, rifle or shotgun, and search therefor, pursuant

to an order issued in accordance with article six hundred ninety of this

part, consistent with such rights as the defendant may derive from this

article or the constitution of this state or the United States.

3. Revocation or suspension of firearms license and ineligibility for

such a license upon a finding of a willful failure to obey an order of

protection. Whenever a defendant has been found pursuant to subdivision

eleven of section 530.12 or subdivision eight of section 530.13 of this

article to have willfully failed to obey an order of protection issued

by a court of competent jurisdiction in this state or another state,

territorial or tribal jurisdiction, in addition to any other remedies

available pursuant to subdivision eleven of section 530.12 or

subdivision eight of section 530.13 of this article the court shall

inquire of the defendant and the prosecutor as to the existence and

location of any firearm, rifle or shotgun reasonably believed to be

owned or possessed by the defendant, and the prosecutor will make

reasonable efforts to obtain such information regarding the same and

present it to the court and:

(a) the court shall revoke any such existing license possessed by the

defendant, order the defendant ineligible for such a license and order

the immediate surrender of any or all firearms, rifles and shotguns

owned or possessed where the willful failure to obey such order involved

(i) the infliction of physical injury, as defined in subdivision nine of

section 10.00 of the penal law, (ii) the use or threatened use of a

deadly weapon or dangerous instrument as those terms are defined in

subdivisions twelve and thirteen of section 10.00 of the penal law,

(iii) behavior constituting any violent felony offense as defined in

section 70.02 of the penal law; or (iv) behavior constituting stalking

in the first degree as defined in section 120.60 of the penal law,

stalking in the second degree as defined in section 120.55 of the penal

law, stalking in the third degree as defined in section 120.50 of the

penal law or stalking in the fourth degree as defined in section 120.45

of such law;

(b) the court shall where the court finds a substantial risk that the

defendant may use or threaten to use a firearm, rifle or shotgun

unlawfully against the person or persons for whose protection the order

of protection was issued, (i) revoke any such existing license possessed

by the defendant, order the defendant ineligible for such a license and

order the immediate surrender pursuant to subparagraph (f) of paragraph

one of subdivision a of section 265.20 and subdivision six of section

400.05 of the penal law, of any or all firearms, rifles and shotguns

owned or possessed or (ii) suspend any such existing license possessed

by the defendant, order the defendant ineligible for such a license and

order the immediate surrender pursuant to subparagraph (f) of paragraph

one of subdivision a of section 265.20 and subdivision six of section

400.05 of the penal law, of any or all firearms, rifles and shotguns

owned or possessed; and

(c) the court shall where the defendant willfully refuses to surrender

such firearm, rifle or shotgun pursuant to paragraphs (a) and (b) of

this subdivision, or may for other good cause shown, order the immediate

seizure of such firearm, rifle or shotgun, and search therefor, pursuant

to an order issued in accordance with article six hundred ninety of this

part, consistent with such rights as the defendant may derive from this

article or the constitution of this state or the United States.

4. Suspension. Any suspension order issued pursuant to this section

shall remain in effect for the duration of the temporary order of

protection or order of protection, unless modified or vacated by the

court.

5. Surrender. (a) Where an order to surrender one or more firearms,

rifles and shotguns has been issued, the temporary order of protection

or order of protection shall specify the place where such weapons shall

be surrendered, shall specify a date and time by which the surrender

shall be completed and, to the extent possible, shall describe such

weapons to be surrendered, and shall direct the authority receiving such

surrendered weapons to immediately notify the court of such surrender.

(b) The prompt surrender of one or more firearms, rifles or shotguns

pursuant to a court order issued pursuant to this section shall be

considered a voluntary surrender for purposes of subparagraph (f) of

paragraph one of subdivision a of section 265.20 of the penal law. The

disposition of any such weapons, including weapons ordered to be seized

pursuant to this section and section eight hundred forty-two-a of the

family court act, shall be in accordance with the provisions of

subdivision six of section 400.05 of the penal law; provided, however,

that upon termination of any suspension order issued pursuant to this

section or section eight hundred forty-two-a of the family court act,

upon written application of the subject of the order, with notice and

opportunity to be heard to the district attorney, the county attorney,

the protected party, and every licensing officer responsible for

issuance of a firearms license to the subject of the order pursuant to

article four hundred of the penal law, and upon a written finding that

there is no legal impediment to the subject's possession of a

surrendered firearm, rifle or shotgun, any court of record exercising

criminal jurisdiction may order the return of a firearm, rifle or

shotgun not otherwise disposed of in accordance with subdivision six of

section 400.05 of the penal law. When issuing such order in connection

with any firearm subject to a license requirement under article four

hundred of the penal law, if the licensing officer informs the court

that he or she will seek to revoke the license, the order shall be

stayed by the court until the conclusion of any license revocation

proceeding.

(c) The provisions of this section shall not be deemed to limit,

restrict or otherwise impair the authority of the court to order and

direct the surrender of any or all firearms, rifles and shotguns owned

or possessed by a defendant pursuant to sections 530.12 or 530.13 of

this article.

(d) If any other person demonstrates that such person is the lawful

owner of any weapon taken into custody pursuant to this section or

section eight hundred forty-two-a of the family court act, and provided

that the court has made a written finding that there is no legal

impediment to the person's possession of such a weapon, such court shall

direct that such weapon be returned to such lawful owner.

6. Notice. (a) Where an order requiring surrender, revocation,

suspension, seizure or ineligibility has been issued pursuant to this

section, any temporary order of protection or order of protection issued

shall state that such firearm license has been suspended or revoked or

that the defendant is ineligible for such license, as the case may be,

and that the defendant is prohibited from possessing any firearm, rifle

or shotgun.

(b) The court revoking or suspending the license, ordering the

defendant ineligible for such a license, or ordering the surrender or

seizure of any firearm, rifle or shotgun shall immediately notify the

duly constituted police authorities of the locality concerning such

action and, in the case of orders of protection and temporary orders of

protection issued pursuant to section 530.12 of this article, shall

immediately notify the statewide registry of orders of protection.

(c) The court revoking or suspending the license or ordering the

defendant ineligible for such a license shall give written notice

thereof without unnecessary delay to the division of state police at its

office in the city of Albany.

(d) Where an order of revocation, suspension, ineligibility, surrender

or seizure is modified or vacated, the court shall immediately notify

the statewide registry of orders of protection and the duly constituted

police authorities of the locality concerning such action and shall give

written notice thereof without unnecessary delay to the division of

state police at its office in the city of Albany.

7. Hearing. The defendant shall have the right to a hearing before the

court regarding any revocation, suspension, ineligibility, surrender or

seizure order issued pursuant to this section, provided that nothing in

this subdivision shall preclude the court from issuing any such order

prior to a hearing. Where the court has issued such an order prior to a

hearing, it shall commence such hearing within fourteen days of the date

such order was issued.

8. Nothing in this section shall delay or otherwise interfere with the

issuance of a temporary order of protection or the timely arraignment of

a defendant in custody.