2006 New York Code - 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...

 
  §  530.14  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.
    1.  Mandatory  and  permissive  suspension  of  firearms  license  and
  ineligibility  for  such  a  license upon issuance of temporary order of
  protection.  Whenever a temporary order of protection is issued pursuant
  to subdivision one of section  530.12  or  subdivision  one  of  section
  530.13 of this article:
    (a) the court shall suspend any such existing license possessed by the
  defendant,  order  the defendant ineligible for such a license and order
  the immediate surrender of any or all firearms owned or possessed  where
  the  court  receives  information  that  gives  the  court good cause to
  believe that (i) the defendant has a prior  conviction  of  any  violent
  felony  offense  as  defined in section 70.02 of the penal law; (ii) the
  defendant has previously been found to have willfully failed to  obey  a
  prior  order  of  protection  and  such willful failure involved (A) the
  infliction of serious physical injury, as defined in subdivision ten  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 defendant 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; and
    (b)  the  court  may where the court finds a substantial risk that the
  defendant may use or threaten to use a firearm  unlawfully  against  the
  person or persons for whose protection the temporary order of protection
  is issued, suspend any such existing license possessed by the defendant,
  order  the  defendant  ineligible  for  such  a  license  and  order the
  immediate surrender of any or all firearms owned or possessed.
    2. Mandatory and  permissive  revocation  or  suspension  of  firearms
  license  and  ineligibility for such a license upon issuance of an order
  of protection. Whenever an order of protection  is  issued  pursuant  to
  subdivision five of section 530.12 or subdivision four of section 530.13
  of this article:
    (a)  the court shall revoke any such existing license possessed by the
  defendant, order the defendant ineligible for such a license  and  order
  the  immediate surrender of any or all firearms owned or possessed where
  such action is required by section 400.00 of the penal law; and
    (b) the court may where the court finds a substantial  risk  that  the
  defendant  may  use  or threaten to use a firearm unlawfully against the
  person or persons for  whose  protection  the  order  of  protection  is
  issued, (i) revoke any such existing license possessed by the defendant,
  order  the  defendant  ineligible  for  such  a  license  and  order the
  immediate surrender of any or all firearms owned or  possessed  or  (ii)
  suspend  or  continue  to suspend any such existing license possessed by
  the defendant, order the defendant ineligible for  such  a  license  and
  order the immediate surrender of any or all firearms owned or possessed.
    3.    Mandatory  and  permissive  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. Whenever a  defendant  has  been
  found  pursuant  to  subdivision eleven of section 530.12 or subdivision
  eight of section 530.13 of this article to have willfully failed to obey
  an order of protection issued by a court of  competent  jurisdiction  in
  this  state  or  another  state,  territorial or tribal jurisdiction, in
  addition to any other remedies available pursuant to subdivision  eleven
  of  section  530.12  or  subdivision  eight  of  section  530.13 of this
  article:
    (a)  the court shall revoke any such existing license possessed by the
  defendant, order the defendant ineligible for such a license  and  order
  the  immediate surrender of any or all firearms owned or possessed where
  the willful failure to obey such order involved (i)  the  infliction  of
  serious  physical injury, as defined in subdivision ten 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,  (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;
  and
    (b) the court may where the court finds a substantial  risk  that  the
  defendant  may  use  or threaten to use a firearm unlawfully against the
  person or persons for whose  protection  the  order  of  protection  was
  issued, (i) revoke any such existing license possessed by the defendant,
  order  the  defendant  ineligible  for  such  a  license  and  order the
  immediate surrender of any or all firearms owned or  possessed  or  (ii)
  suspend  any such existing license possessed by the defendant, order the
  defendant  ineligible  for  such  a  license  and  order  the  immediate
  surrender of any or all firearms owned or possessed.
    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 has
  been issued, the temporary order of protection or  order  of  protection
  shall  specify the place where such firearms shall be surrendered, shall
  specify a date and time by which the surrender shall be  completed  and,
  to  the extent possible, shall describe such firearms to be surrendered,
  and shall direct the authority receiving such  surrendered  firearms  to
  immediately notify the court of such surrender.
    (b)  The  prompt surrender of one or more firearms pursuant to a court
  order issued pursuant to 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 firearms shall be in accordance with the provisions of  subdivision
  six of section 400.05 of the penal 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 defendant pursuant to sections
  530.12 or 530.13 of this article.
    6.  Notice.  (a)  Where  an  order  of   revocation,   suspension   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 defendant is
  ineligible for such license, as the case may be.
    (b) The  court  revoking  or  suspending  the  license,  ordering  the
  defendant  ineligible  for  such a license, or ordering the surrender of
  any  firearm  shall  immediately  notify  the  duly  constituted  police
  authorities  of  the locality concerning such action and, in the case of
  orders of protection and temporary orders of protection issued  pursuant
  to  section  530.12  of  this  article,  shall  immediately  notify  the
  statewide registry of orders of protection.
    (c)  The  court  revoking  or  suspending  the license or ordering the
  defendant ineligible for  such  a  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  or
  surrender 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 defendant shall have the right to a hearing before the
  court regarding any revocation, suspension, ineligibility  or  surrender
  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 or the timely arraignment of
  a defendant in custody.