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Legal Information: New York
Updated: November 9, 2020
Can the police remove a gun from the scene of a family offense?
New York state law says that the police officer who responds to a report of a family offense may take custody of any gun and/or license to carry that s/he finds regardless of whether an arrest is made. Often the gun is found because the victim or abuser consents to the home being searched, or there is another lawful reason for the police to do a search.
If a gun is taken, then the officer will give the abuser a receipt with information about the gun and information about the process for getting it back. The gun has to be returned within 48 hours unless the abuser is arrested, a protection order is issued that prohibits firearm possession, or it is determined that there is another reason why the abuser cannot have the gun.1
1 NY Criminal Procedure Law § 140.10(6)
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