Current law prohibits anyone convicted of a felony or serious offense from getting a pistol permit, or from purchasing rifles or shotguns. This amends the definition of “serious offense” to add several misdemeanors when committed against a member of the same family or household. These include assault 3rd, menacing 2nd and 3rd, criminal obstruction of breathing or blood circulation and other crimes common in domestic violence cases. Specifically adds “rifles and shotguns” to the kinds of firearms that must be ordered surrendered when an order of protection includes firearms.
Sets out new procedures for determining whether a felony or serious offense was committed against a member of the same family or household and how the Division of Criminal Justices Services (DCJS) must be notified in those cases. DCJS is required to convey that information to the FBI.
Establishes a procedure for the surrender of firearms, rifles and/or shotguns and a new procedure for someone to seek their return, once the reason for the surrender no longer exists.
Signed: April 12, 2018 Chapter 60
Effective: June 11, 2018
Amends: creates new Penal Law §265(17)c; Criminal Procedure Law §370.15 is repealed and a new section 370.15 is added; Criminal Procedure Law §380.97 is repealed and a new section 380.97 is added; multiple amendments to Criminal Procedure Law §530.14; multiple amendments to Family Court Act §842-a, including subdivisions 1, 2 and 3; Penal Law §400.00(1)(c)