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Legal Information: New York

State Gun Laws

April 12, 2019

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

1 NY Family Court Act 842-a(4),(5)(a)
2 NY Penal Law § 400.05(6)