S1985A

The New York State Senate passed legislation Tuesday that strengthens firearm confiscation procedures in domestic violence cases, with a 43-19 vote on Senate Print 1985A, sponsored by Sen. Harckham. The bill modifies the Criminal Procedure Law to require police officers to confiscate firearms for five days when responding to family offense incidents involving threats or violence, replacing current discretionary language with mandatory "shall" provisions. The measure applies when a suspect is arrested or when victim interviews reveal specific threat indicators including fear, weapon use, access to guns, suspect threats, or strangulation. Harckham cited three fatal domestic violence incidents in Westchester County over six weeks, noting that research shows 20 percent of women killed in domestic violence situations are murdered within two days of filing an order of protection. The five-day period allows time for safety planning. Sen. Walczyk led opposition, arguing the bill's broad definition of "family offense" could allow minor violations like noise complaints filed by ex-partners to trigger mandatory gun confiscation, potentially depriving individuals of Second Amendment rights. Walczyk also raised concerns that the bill could result in confiscation of firearms owned by victims or other household members. The bill takes effect immediately.