Office for the Prevention of Domestic Violence

Law

Summary of New York State Domestic Violence and Related Laws by Subject (beginning from 1995)

Subject Categories

Firearms
Federal Misdemeanor Crime of Domestic Violence NICS Notification  (A.698-D Paulin/S.4224-C Saland)

Establishes which offenses and what types of relationships meet the federal definition of “misdemeanor crime of domestic violence” in federal firearms law, allowing NYS to report matching convictions, as determined by the court, to the National Instant Criminal Background Check System (NICS).  Individuals in the NICS database are barred from purchasing guns, including rifles and shotguns.

Signed: 2011 Chapter 258

Effective: November 29, 2011

Creates: Criminal Procedure Law §370.15 and §380.97

Firearms/Licenses & Surrenders  (A.618-A Paulin/S.4066 Robach)

Lowers the required level of injury from serious physical injury to physical injury for two provisions in the Criminal Procedure Law:

  • requires a criminal court, when issuing a temporary order of protection, to suspend a firearm license, order an individual ineligible for such a license and order the immediate surrender of all firearms owned or possessed by that individual, if the court receives information that the gun licensee was previously convicted of willfully violating an order of protection by inflicting physical injury upon another person
  • requires a criminal court to revoke a firearm license, order an individual ineligible for such a license and order the immediate surrender of all firearms owned or possessed by that individual, if found to have willfully violated an order of protection by inflicting physical injury upon another person

Signed: 2007 Chapter 198

Effective: August 2, 2007

Amends:  Criminal Procedure Law §530.14(1)(a)(ii)(A)

Revocation/Suspension of Firearms License  (A.10640-A Feldman/S.7631-A Hoblock)

This law sets forth the conditions under which a judge is mandated, or may elect, to revoke or suspend a firearms license, upon the issuance of a Temporary Order of Protection or Order of Protection, or upon the violation of an Order of Protection.

Signed: 1996 Chapter 644

Effective: November 1, 1996

Amends:  Criminal Procedure Law §§530.12(11)(d); 530.12(11)(e); 530.14

Family Court Act §842-a

Penal Law §§400.00(1); 400.00(11)