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
Domestic Violence and Firearms  A.10272 O’Donnell/S.8121 Phillips

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Amends:  creates new Penal Law §265(17)c; Criminal Procedure Law §370.15 is repealed and a new section 370.15 is added; Criminal Procedure Law §380.97 is repealed and a new section 380.97 is added; multiple amendments to Criminal Procedure Law §530.14; multiple amendments to Family Court Act §842-a, including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)

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)