Albany, NY – Assemblywoman Amy Paulin (D-Westchester), Chair of the Assembly Health Committee, announced today that her bill A.544-B/S.1985-B (Harckham) has passed both the New York State Assembly and Senate. The legislation requires law enforcement officers responding to reports of family violence to take temporary custody of firearms – a critical step toward protecting domestic violence survivors and preventing deadly escalation.

“No one should live in fear in their own home,” said Assemblywoman Paulin. “That’s why we passed this legislation – to make sure police immediately remove any firearms in plain sight from a household for at least five days when responding to reports of family violence. Taking guns out of dangerous situations can prevent tragedies and save lives.”

The bill mandates that officers seize firearms, rifles, shotguns, and other deadly weapons if found in plain sight or pursuant to a lawful search – and if the situation indicates danger based on a lethality or threat assessment, or the officer’s reasonable belief that there is a risk to the victim or others. It also extends the period of custody for the weapons from 48 to at least 120 hours, giving courts time to issue protective orders or assess risks before a firearm is returned.

"Possession of a firearm increases the likelihood of a domestic violence homicide by 500%. We cannot allow a gun to be returned to a dangerous home two days after a crisis call," Paulin added. “This bill creates a clear standard for law enforcement to act decisively and gives survivors the time and safety they need to take their next steps.”

“Too many domestic violence incidents involve shootings that could be prevented if handguns and other firearms were temporarily removed from accused individuals while their cases proceed through the courts,” said State Senator Pete Harckham. “This common-sense legislation will protect those at risk and save lives by keeping firearms out of the hands of potential offenders during critical moments. I want to thank my colleague Assemblymember Amy Paulin for her partnership in advancing this bill through the legislature, and I look forward to Governor Hochul signing it into law to make our communities safer.”

“There are real consequences that flow from perpetrators who have a history of domestic violence being in possession of firearm,” said David M. Ryan, Director, Westchester County Domestic Violence High Risk Team. “More than 50% of intimate partner homicides in the United States involve a firearm as these weapons are frequently used and threatened for use by IPV offenders when they threaten violence towards their victims. This legislation mandates that law enforcement remove these firearms for a period of time that allows for other tools and resources to protect the victim and their family such as an order of protection, ERPO or other resources and options available to keep the firearms out of the home. This legislation is a game changer for NY State and the law enforcement responsibility to protect all victims of intimate partner violence. The research and evidence support this legislation and I applaud the sponsors and those who supported this bill which will provide all disciplines working in the domestic violence circles the tools to keep victims safe from further harm and protect them from a potential homicide that this legislation will likely prevent.”

With State Senate sponsorship from Senator Pete Harckham, the bill now heads to Governor Hochul’s desk.

“I’m hopeful that Governor Hochul will sign this bill into law,” said Paulin. “This is a commonsense, life-saving measure that will help make our homes and communities safer.”