New gun removal laws in New York to protect victims of domestic violence

[Madmallard]

New York has passed two new laws aimed at protecting domestic violence victims through new gun removal procedures. The first law requires police officers to remove weapons when responding to domestic or family violence calls, while the second law formally connects violence against animals with violence against people and expands state law on Temporary Extreme Risk Protection Orders to cover acts of aggravated cruelty to animals within the previous six months.

https://www.rochesterfirst.com/news/new-gun-removal-laws-in-new-york-to-protect-victims-of-domestic-violence/

 

[Zerex]

A rule for every situation exists, in NYS.

Lead pipes.........no guns.
Turned in an illegal..no guns.
Eat bacon.............is anti Hamas............no guns
Drive a pickup............no guns
Own guns.....no guns

 

[FP1201]

And who determines if it's actually a DV incident?
What Standard will be applied?
Actual abuse or a pissed-off significant other using the police as a weapon or in revenge?
How about if the call is anonymous "swatting"?
This is as dangerous as the requirement to arrest one or both the party's involved with any disturbance call.

 

[livingston]

And who determines if it's actually a DV incident?
What Standard will be applied?
Actual abuse or a pissed-off significant other using the police as a weapon or in revenge?
How about if the call is anonymous "swatting"?
This is as dangerous as the requirement to arrest one or both the party's involved with any disturbance call.

It will boil down to if you want to own a firearm .... NEVER be in a relationship .Who thinks that once the guns are removed {in today's anti gun atmosphere }" you will ever get them back...

 

[Cavalry]

And who determines if it's actually a DV incident?
What Standard will be applied?
Actual abuse or a pissed-off significant other using the police as a weapon or in revenge?
How about if the call is anonymous "swatting"?
This is as dangerous as the requirement to arrest one or both the party's involved with any disturbance call.

From the actual law passes.

shall take temporary custody of any firearm.......that is in plain sight or is discovered pursuant to a consensual or other lawful search if any one of the following circumstances is present

A. the victim responds in the affirmative to the suspect threats questions in the victim interview section in the prior history section of the New York state standardized domestic incident report (DIR) form; or
B. the victim responds in the affirmative to any of the lethality assessment questions in the prior history section of the New York state standardized domestic incident report (DIR) form; or
C. any responding officer has a reasonable belief that it is necessary to remove such weapon to protect the victim or other persons present, or to prevent risk of further violence or threat.


Good thing we have all the various registries so gun owners can be known by "lawful searches"

 

[joesurfer]

I guess this is all part of getting illegal guns off our streets !

 

[Saltwater60]

I can tell you this was already happening in my area and even worse. The police were looking up any one in the household if they were called to the house for any reason related to a disturbance. Yes I said disturbance for a reason. Then told have to go to state Supreme Court to retrieve them. So say you call your wife a bitch and the new neighbor is a feminist and feels this is wrong so she calls the cops. Cops come and everyone agrees even the cops no crime was committed and no arrests would be made now or ever. Oh wait you have guns we need to take them. Two cops I know were talking about this at a BBQ I was at and I asked them to elaborate. They clarified and I asked them how can they do this and remove guns when no crime has occured. They told me a judge in Niagara county was doing this and it spread our way. I said this is illegal and violates their rights. They sort of agreed with me.

 

[jimc]

They should just provide an order of protection. It worked for this woman.

Binghamton Woman Hospitalized After Being Repeatedly Stabbed

Police say a Binghamton man faces felony charges after a city woman was stabbed multiple times.

wnbf.com

 

[Brawny71]

Not really a new law. How it is being applied has changed in several areas. DV with Extreme (Threat of violence) has always held the temporary removal of fire arms. This is in place if the victim has been threatened with injury or death. The issue I have seen recently is it is being applied to RSO’s because the person filing doesn’t want to see that person; “He leers at me”. That statute is being applied in these cases as well. Some have had some really expensive consequences.