2023 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 the court
shall inquire of the defendant and the prosecutor as  to  the  existence
and  location of any firearm, rifle or shotgun reasonably believed to be
owned or possessed by  the  defendant,  and  the  prosecutor  will  make
reasonable  efforts  to  obtain  such information regarding the same and
present it to the court and:
(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 shall where the defendant willfully refuses to surrender
such firearm, rifle or shotgun pursuant to paragraphs  (a)  and  (b)  of
this subdivision, or may 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 the court
shall inquire of the defendant and the prosecutor as  to  the  existence
and  location of any firearm, rifle or shotgun reasonably believed to be
owned or possessed by  the  defendant,  and  the  prosecutor  will  make
reasonable  efforts  to  obtain  such information regarding the same and
present it to the court and:
(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 shall where the defendant willfully refuses to surrender
such  firearm,  rifle  or  shotgun pursuant to paragraphs (a) and (b) of
this subdivision, or may 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 the court shall
inquire of the defendant and the prosecutor  as  to  the  existence  and
location  of  any  firearm,  rifle  or shotgun reasonably believed to be
owned or possessed by  the  defendant,  and  the  prosecutor  will  make
reasonable  efforts  to  obtain  such information regarding the same and
present it to the court and:
(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 shall where the defendant willfully refuses to surrender
such firearm, rifle or shotgun pursuant to paragraphs  (a)  and  (b)  of
this subdivision, or may 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.