Bill > S01985

This bill requires police officers to take temporary custody of firearms and related weapons when responding to reports of family violence, expanding on existing law. Under the proposed changes, officers must seize firearms not only when they are in plain sight or discovered during a consensual search, but also in three specific circumstances: (1) if the victim affirms threats on the standardized Domestic Incident Report (DIR) form, (2) if the victim responds affirmatively to lethality assessment questions on the DIR form, or (3) if the responding officer reasonably believes weapon removal is necessary to protect the victim or prevent further violence. The bill increases the mandatory holding period for seized weapons from 48 to 120 hours (5 days), during which time the weapon cannot be returned unless there are no legal impediments to the owner's possession, such as protective orders or pending criminal charges. Additionally, the officer must also take custody of any weapon license and deliver both the weapon and license to appropriate law enforcement authorities. The legislation aims to enhance safety in domestic violence situations by providing a more comprehensive approach to temporarily removing firearms from potentially dangerous scenarios.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S1985