Provides for the temporary surrender of firearms to the police by any person who is taken into custody by the police for the purpose of a mental examination and prior to an examination ordered pursuant to article seven hundred thirty of the criminal procedure law.
Not law yet. Pending legislation.
Simon
Bill summary
Official digest is not on this card.
Now vs if chaptered
NOW: not law; a 730 / mental-exam custody is not a §400.05(7) firearm surrender plus 30-day cooling-off hold. IF CHAPTERED: police must take firearms on that custody and may hold them 30 days after psychiatric discharge, subject to judicial early return.
Defender utility
NY PDs on 730 / psych-hold and gun-seizure calendars: pending extra-statutory surrender and 30-day cooling-off hold, not present law. Do not treat a 730 hold as automatic §400.05(7) seizure today. If chaptered, litigate custody predicate, "firearms" vs rifles/shotguns, duration of the cooling-off hold, and the early-return motion. ERPO-adjacent challenge vehicle. No same-as Senate twin. Not a California charge.
Who this is for. NY PDs on 730 / psych-hold gun-seizure calendars — pending 30-day cooling-off hold, not present law; not a California GVRO.
Exemptions (draft)
If chaptered: a judge of the local jurisdiction may order early return if appropriate. Limited to "firearms" as defined in §265.00(3) on the face of the print.
Penalties (if chaptered)
Pending surrender/hold overlay, not a new possessory street count on the face of the print. Not present law.