New York A 8406: Relates to the date when the local legislative body in New York city may determine the continuation of an emergency; and relates to the continuation of the New York city rent stabilization law of 1969

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A08406 Summary:

BILL NOA08406 

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SAME ASNo Same As

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SPONSORLevenberg

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COSPNSR

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MLTSPNSR

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Amd §§154-d, & 842-a, Fam Ct Act; amd §§240 & 252, Dom Rel L; amd §530.12, CP L; amd §212, Judy L

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Relates to issuance of warrants for seizures of firearms in supreme court and family court.

Go to top A08406 Actions:

BILL NOA08406 

&nbsp

05/13/2025referred to codes

01/07/2026referred to codes

Go to topA08406 Committee&nbspVotes:

Go to topA08406 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA08406 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8406

 2025-2026 Regular Sessions

 IN ASSEMBLY

 May 13, 2025
 ___________

 Introduced by M. of A. LEVENBERG -- (at request of the Unified Court
 System) -- read once and referred to the Committee on Codes

 AN ACT to amend the family court act, the domestic relations law, the
 criminal procedure law and the judiciary law, in relation to issuance
 of warrants for seizures of firearms in cases in which orders of
 protection are issued in supreme court and family court

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 154-d of the family court act is amended by adding
 2 a new subdivision 3 to read as follows:
 3 3. Applications for orders to seize firearms. When the family court is
 4 not in session, upon request of the petitioner, police officer, or other
 5 public servant acting in the course of their official duties, a local
 6 criminal court may issue an order pursuant to paragraph (c) of subdivi-
 7 sion one, paragraph (c) of subdivision two, or paragraph (c) of subdivi-
 8 sion three of section eight hundred forty-two-a of this act.
 9 § 2. Paragraphs (c) of subdivisions 1, 2 and 3 of section 842-a of the
 10 family court act, as amended by chapter 576 of the laws of 2022, are
 11 amended to read as follows:
 12 (c) the court shall where the [defendant] respondent willfully refuses
 13 to surrender such firearm, rifle, or shotgun pursuant to paragraphs (a)
 14 and (b) of this subdivision, or may for other good cause shown, order
 15 the immediate seizure of such firearm, rifle, or shotgun, and search
 16 therefor, pursuant to an order issued in accordance with article six
 17 hundred ninety of the criminal procedure law, consistent with such
 18 rights as the [defendant] respondent may derive from this article or the
 19 constitution of this state or the United States; provided that, notwith-
 20 standing subdivision one of section 690.05 and subdivision one of
 21 section 690.35 of the criminal procedure law, the petitioner may make an
 22 application for an order under this paragraph.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07915-01-5

 A. 8406 2

 1 (c) the court shall where the [defendant] respondent willfully refuses
 2 to surrender such firearm, rifle, or shotgun pursuant to paragraphs (a)
 3 and (b) of this subdivision, or may for other good cause shown, order
 4 the immediate seizure of such firearm, rifle, or shotgun, and search
 5 therefor, pursuant to an order issued in accordance with article six
 6 hundred ninety of the criminal procedure law, consistent with such
 7 rights as the [defendant] respondent may derive from this article or the
 8 constitution of this state or the United States; provided that, notwith-
 9 standing subdivision one of section 690.05 and subdivision one of
 10 section 690.35 of the criminal procedure law, the petitioner may make an
 11 application for an order under this paragraph.
 12 (c) the court shall where the [defendant] respondent willfully refuses
 13 to surrender such firearm, rifle, or shotgun pursuant to paragraphs (a)
 14 and (b) of this subdivision, or may for other good cause shown, order
 15 the immediate seizure of such firearm, rifle, or shotgun, and search
 16 therefor, pursuant to an order issued in accordance with article six
 17 hundred ninety of the criminal procedure law, consistent with such
 18 rights as the [defendant] respondent may derive from this article or the
 19 constitution of this state or the United States; provided that, notwith-
 20 standing