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...

 
    §  842-a.  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 the issuance of a temporary  order
  of  protection.    Whenever  a  temporary  order of protection is issued
  pursuant to section eight hundred twenty-eight of this article:
    (a) the court shall suspend any such existing license possessed by the
  respondent, order the respondent 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 respondent has a prior conviction of any violent
  felony offense as defined in section 70.02 of the penal  law;  (ii)  the
  respondent  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  respondent  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
  respondent  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
  respondent,  order  the  respondent  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 the issuance of an
  order of protection. Whenever an order of protection is issued  pursuant
  to section eight hundred forty-one of this part:
    (a)  the court shall revoke any such existing license possessed by the
  respondent, order the respondent ineligible  for  such  a  license,  and
  order  the immediate surrender of any or all firearms owned or possessed
  where the court finds that the conduct which resulted in the issuance of
  the order of protection 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,  or  (iii)  behavior
  constituting any violent felony offense as defined in section  70.02  of
  the penal law; and
    (b)  the  court may, where the court finds a substantial risk that the
  respondent 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
  respondent, order the respondent 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  respondent, order the respondent 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 respondent  has  been
  found,  pursuant  to  section  eight hundred forty-six-a of this part to
  have  willfully  failed  to  obey  an order of protection issued by this
  court or  an  order  of  protection  issued  by  a  court  of  competent
  jurisdiction  in  another  state, territorial or tribal jurisdiction, in
  addition to any other  remedies  available  pursuant  to  section  eight
  hundred forty-six-a of this part:
    (a)  the court shall revoke any such existing license possessed by the
  respondent, order the respondent 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 involves (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, or
  (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
  respondent  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
  respondent, order the respondent ineligible for such a license,  whether
  or  not the respondent possesses 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 respondent, order the respondent
  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 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 respondent  pursuant  to  this
  act.
    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 respondent  is
  ineligible for such license, as the case may be.
    (b)  The  court  revoking  or  suspending  the  license,  ordering the
  respondent ineligible for such license, or ordering the surrender of any
  firearm shall immediately notify the statewide  registry  of  orders  of
  protection  and  the duly constituted police authorities of the locality
  of such action.
    (c) The court revoking or  suspending  the  license  or  ordering  the
  defendant  ineligible for such 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 respondent 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.