ALBANY, NY — A new state law requiring police to temporarily remove firearms when responding to domestic or family violence incidents has been signed by Governor Kathy Hochul. The measure, sponsored by Assemblymember Amy Paulin and State Senator Pete Harckham, takes effect immediately as New York and the rest of the nation mark Domestic Violence Awareness Month.
Previously, under the Safe Homes Act of 2020, officers had the discretion but not the obligation to remove firearms that were visible or found legally on scene. The newly enacted legislation mandates officers to take temporary custody of any firearm in plain sight and any weapon in the possession of an individual arrested on suspicion of domestic violence — even if the weapon is legally owned and licensed.
Supporters of the law say the goal is to reduce the risk of escalation during critical moments when survivors may be most vulnerable. Both Paulin and Harckham cited incidents in Westchester County last fall involving fatal domestic shootings as examples of the dangers posed when firearms remain accessible before court intervention.
The law also includes safeguards to ensure due process for gun owners: firearms and carry licenses must be returned within five days (120 hours) unless legal action is taken to restrict access.
The legislation was first introduced in early 2023 but was held pending a U.S. Supreme Court ruling on a related federal gun restriction in United States v. Rahimi. When the Court upheld the federal law in June 2024, supporters said it cleared the way for New York to move forward. The bill was reintroduced later that year and passed by the Legislature before receiving the governor’s signature this week.
Advocates for domestic violence survivors and some law enforcement leaders back the measure. Former Pound Ridge Police Chief Dave Ryan called the law “life-saving,” saying that firearm removal during volatile incidents protects victims, responding officers, and even alleged offenders who may be at risk of harming themselves.
Critics of similar laws in other states have previously raised concerns about constitutional protections and due process for lawful gun owners. However, supporters argue that the temporary nature of the custody and the connection to an arrest make this policy consistent with public safety priorities.
According to federal data, firearms are used in a significant proportion of domestic violence homicides nationwide. New York lawmakers say the new mandate aims to limit that risk during the most dangerous moments — when police first intervene.