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...

§  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 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; 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 inthis 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  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;  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  policeauthorities  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.