N.Y. Family Court Act § 842-a: Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400

§ 842-a. 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 the issuance of a temporary order of protection. Whenever a

temporary order of protection is issued pursuant to section eight

hundred twenty-eight of this article, or pursuant to article four, five,

six, seven or ten of this act the court shall inquire of the respondent

and, outside of the presence of the respondent, the petitioner or, if

the petitioner is not the protected party, any party protected by such

order, if the court has reason to believe that such petitioner or

protected party would have actual knowledge or reason to know such

information, as to the existence and location of any firearm, rifle or

shotgun owned or possessed by the respondent and:

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

respondent, order the respondent 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 where the court receives information that gives the

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

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

the penal law; (ii) the respondent 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 respondent 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

respondent 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 respondent, order the respondent 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 the

criminal procedure law, 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 the issuance of an order of protection. Whenever an

order of protection is issued pursuant to section eight hundred

forty-one of this part, or pursuant to article four, five, six, seven or

ten of this act the court shall inquire of the respondent and, outside

of the presence of the respondent, the petitioner or, if the petitioner

is not the protected party, any party protected by such order, if the

court has reason to believe that such petitioner or protected party

would have actual knowledge or reason to know such information, as to

the existence and location of any firearm, rifle or shotgun owned or

possessed by the respondent and:

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

respondent, order the respondent 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 where the court finds that the conduct which resulted

in the issuance of the order of protection 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, or (iii) behavior

constituting any violent felony offense as defined in section 70.02 of

the penal law;

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

respondent 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 respondent, order the respondent 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 or continue to suspend any

such existing license possessed by the respondent, order the respondent

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 the

criminal procedure law, 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 or temporary order of protection. Whenever a respondent has

been found, pursuant to section eight hundred forty-six-a of this part

to have willfully failed to obey an order of protection or temporary

order of protection issued pursuant to this act or the domestic

relations law, or by this court or by a court of competent jurisdiction

in another state, territorial or tribal jurisdiction, in addition to any

other remedies available pursuant to section eight hundred forty-six-a

of this part the court shall inquire of the respondent and, outside the

presence of the respondent, the petitioner or, if the petitioner is not

the protected party, any party protected by such order, if the court has

reason to believe that such petitioner or protected party would have

actual knowledge or reason to know such information, as to the existence

and location of any firearm, rifle or shotgun owned or possessed by the

respondent and:

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

respondent, order the respondent 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 where the willful failure to obey such order involves

(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, or

(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

respondent 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 respondent, order the respondent ineligible for such a license,

whether or not the respondent possesses 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

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

order the immediate surrender 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 the

criminal procedure law, 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 or 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 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 shall be in accordance with the

provisions of subdivision six of section 400.05 of the penal law;

provided, however that upon the termination of any suspension order

issued pursuant to this section, any court of record exercising criminal

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

pursuant to paragraph b of subdivision five of section 530.14 of the

criminal procedure law.

(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 pistols, revolvers, rifles, shotguns

or other firearms owned or possessed by a respondent pursuant to this

act.

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 respondent is ineligible for such license, as the case may be,

and that the defendant is prohibited from possessing any firearms,

rifles or shotguns.

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

respondent ineligible for such license, or ordering the surrender or

seizure of any firearm, rifles or shotguns shall immediately notify the

statewide registry of orders of protection and the duly constituted

police authorities of the locality of such action.

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

defendant ineligible for such 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 respondent 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.