If the judge orders the abuser's guns to be taken away in my order of protection, how will they be taken away?
If the abuser’s guns are taken away by the judge when you get an order of protection, the judge is supposed to write on the order the date, time, and place where the abuser is supposed to surrender (turn in) his/her guns. If possible, the judge is also supposed to describe the guns to be turned in. The suspension of the abuser’s gun license will be in effect for as long as the order of protection lasts.1
The abuser has the option of either giving the gun(s) to a law enforcement agency for the period of time that you have the order of protection or selling them to a licensed firearms dealer.2
If the abuser refuses to surrender the weapons, the judge can order law enforcement to search and seize any firearms the abuser has. The abuser then has the right to a hearing within 14 days from when the order was issued. Notice of the seizure must be given to the domestic violence registry.3
1 NY Family Court Act 842-a(4),(5)(a)
2 NY Penal Law § 400.05(6)
3 NY Criminal Procedure Law § 530.14(3)(c),(7)