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New York · 2025-2026 General Assembly
S01985Requires police officers to take temporary custody of firearms for not less than one hundred twenty hours when responding to reports of family violence.
Direction
Firearmsred flag erpoAI label
↓Restricts gun accessmodel confidence 90%
Requires police to seize firearms for at least 120 hours (up from 48) in response to family violence reports if certain risk factors are present, so more temporary restrictions on firearm possession.
shall take temporary custody of any firearm, rifle, electronic dart gun, electronic stun gun, disguised gun, imitation weapon, shotgun, antique firearm, black powder rifle, black powder shotgun, or muzzle-loading firearm that is in plain sight or is discovered pursuant to a consensual or other lawful search if any one of the following circumstances is present
✓ Quote verified word for word in the bill text
Firearmsstorage minorsAI label
↓Restricts gun accessmodel confidence 60%
Expands the list of weapons and circumstances under which police must take temporary custody of firearms during family violence responses, increasing temporary removal from owners (including potential household minors).
shall take temporary custody of any [deleted: such weapon] firearm, rifle, electronic dart gun, electronic stun gun, disguised gun, imitation weapon, shotgun, antique firearm, black powder rifle, black powder shotgun, or muzzle-loading firearm
Why the model tagged it this way: The bill amends CPL 140.10(6) to mandate (rather than permit) temporary police custody of a broad list of firearms and related weapons in plain sight or lawfully discovered during family offense responses, if specific lethality assessment responses or reasonable belief of risk to the victim is present. It also increases the minimum hold period from 48 to 120 hours before possible return (absent court orders or prohibitions). This directly addresses temporary firearm removal in domestic violence contexts, which aligns with red-flag/ERPO and storage-minors topics by restricting immediate access.
Related bills
A01962Enacts "Francesco's law" which establishes violations for the failure to safely store rifles, shotguns, and firearms in the presence of a mi↓Restricts gun access=No change to gun access Law
S07236Prohibits the purchase of ammunition if such purchaser failed a background check, is prohibited by federal law or is subject to a temporary ↓Restricts gun access↓Restricts gun access Law
S09629Enacts "Francesco's law" which establishes violations for the failure to safely store rifles, shotguns, and firearms in the presence of a mi↓Restricts gun access Died (session ended)
A07983Prohibits the purchase of ammunition if such purchaser failed a background check, is prohibited by federal law or is subject to a temporary ↓Restricts gun access↓Restricts gun access Died (session ended)