NY Crim Pro L § 530.14 (2021)
2021 New York Laws CPL - Criminal Procedure Part 3 - Special Proceedings and Miscellaneous Procedures Title P - Procedures for Securing Attendance at Criminal Actions and Proceedings of Defendants and Witnesses Under Control of Court--Recognizance, Bail Article 530 - Orders of Recognizance or Bail With Respect to Defendants in Criminal Actions and Proceedings--When and by What Courts Authorized 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 Ineligibilty for Such a License; Order to Surrender Firearms; Order to Seize Firearms.

§ 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;  order   to   seize            firearms.   1. 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,  rifles  and  shotguns 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 physical injury,  as  defined  in subdivision  nine  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;  (b) the court shall where the court finds a substantial risk that  the defendant  may  use  or  threaten  to  use  a  firearm, rifle or shotgun 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  pursuant  to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of  the  penal  law,  of  any  or  all firearms, rifles and shotguns owned or possessed; and  (c)  the  court may where the defendant willfully refuses to surrender such firearm, rifle or shotgun pursuant to paragraphs  (a)  and  (b)  of this  subdivision,  or  for  other good cause shown, order the immediate seizure of such firearm, rifle or shotgun, and search therefor, pursuant to an order issued in accordance with article six hundred ninety of this part, consistent with such rights as the defendant may derive from  this article or the constitution of this state or the United States.   2.  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,  rifles  and  shotguns owned  or  possessed  where such action is required by section 400.00 of the penal law;  (b) the court shall where the court finds a substantial risk that  the defendant  may  use  or  threaten  to  use  a  firearm, rifle or shotgun 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, rifles and shotguns 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 pursuant to  subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of  any  or  all firearms, rifles and shotguns owned or possessed; and  (c)  the  court may where the defendant willfully refuses to surrender such firearm, rifle or shotgun pursuant to paragraphs  (a)  and  (b)  of this  subdivision,  or  for  other good cause shown, order the immediate seizure of such firearm, rifle or shotgun, and search therefor, pursuant to an order issued in accordance with article six hundred ninety of this part, consistent with such rights as the defendant may derive from  this article or the constitution of this state or the United States.   3.  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, rifles and shotguns owned or possessed where the willful failure to obey such order involved (i) the infliction of physical injury, as defined in subdivision nine 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;  (b)  the court shall where the court finds a substantial risk that the defendant may use or  threaten  to  use  a  firearm,  rifle  or  shotgun 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 pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision  six  of  section 400.05  of  the  penal  law, of any or all firearms, rifles and shotguns 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 pursuant to subparagraph (f) of  paragraph one  of  subdivision  a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all  firearms,  rifles  and  shotguns owned or possessed; and  (c)  the  court may where the defendant willfully refuses to surrender such firearm, rifle or shotgun pursuant to paragraphs  (a)  and  (b)  of this  subdivision,  or  for  other good cause shown, order the immediate seizure of such firearm, rifle or shotgun, and search therefor, pursuant to an order issued in accordance with article six hundred ninety of this  part, consistent with such rights as the defendant may derive from  this article or the constitution of this state or the United States.   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, rifles  and  shotguns has been issued, the temporary order of protection or order of protection shall specify the place where such weapons  shall be  surrendered,  shall  specify  a date and time by which the surrender shall be completed and, to the  extent  possible,  shall  describe  such weapons to be surrendered, and shall direct the authority receiving such surrendered weapons to immediately notify the court of such surrender.  (b)  The  prompt surrender of one or more firearms, rifles or shotguns 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 weapons, including weapons ordered to be seized pursuant to this section and section eight hundred  forty-two-a  of  the family  court  act,  shall  be  in  accordance  with  the  provisions of subdivision six of section 400.05 of the penal law;  provided,  however, that  upon  termination  of any suspension order issued pursuant to this section or section eight hundred forty-two-a of the  family  court  act, upon  written  application  of the subject of the order, with notice and opportunity to be heard to the district attorney, the  county  attorney, the  protected  party,  and  every  licensing  officer  responsible  for issuance of a firearms license to the subject of the order  pursuant  to article  four  hundred of the penal law, and upon a written finding that there  is  no  legal  impediment  to  the  subject's  possession  of   a surrendered  firearm,  rifle  or shotgun, any court of record exercising criminal jurisdiction may order  the  return  of  a  firearm,  rifle  or shotgun  not otherwise disposed of in accordance with subdivision six of section 400.05 of the penal law. When issuing such order  in  connection with  any  firearm  subject  to a license requirement under article four hundred of the penal law, if the licensing  officer  informs  the  court that  he  or  she  will  seek  to revoke the license, the order shall be stayed by the court until  the  conclusion  of  any  license  revocation proceeding.  (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 firearms, rifles and shotguns owned or possessed by a defendant pursuant to sections  530.12  or  530.13  of this article.  (d)  If  any  other person demonstrates that such person is the lawful owner of any weapon taken into  custody  pursuant  to  this  section  or section  eight hundred forty-two-a of the family court act, and provided that the court has made  a  written  finding  that  there  is  no  legal impediment to the person's possession of such a weapon, such court shall direct that such weapon be returned to such lawful owner.   6.  Notice.  (a)  Where  an  order  requiring  surrender,  revocation, suspension, seizure 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, and  that the defendant is prohibited from possessing any firearm, rifle or shotgun.  (b) The  court  revoking  or  suspending  the  license,  ordering  the defendant  ineligible  for  such a license, or ordering the surrender or  seizure of any firearm, rifle or shotgun 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, surrender or seizure 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, surrender or seizure 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.