New York Passes Domestic Violence Gun Seizure Law

A new state law could change what happens the next time police respond to a domestic disturbance in New York State. Officers are now required to seize any firearms found at the scene, including legally owned ones, under a measure Governor Kathy Hochul says will save lives, but gun owners fear could trample on their rights.

The law, sponsored by State Senator Pete Harckham and Assemblymember Amy Paulin, went into effect immediately after being signed on October 16. It requires officers to take temporary custody of any firearms in plain sight or discovered during a lawful search when responding to a domestic violence call.

Supporters say the change closes a dangerous gap in the previous law, which only allowed police to remove guns at their discretion. Now, they’re required to, giving victims what lawmakers call a critical “cooling-off period” before tensions turn deadly.

But critics, including local gun rights advocates and some Republican lawmakers, argue the law gives police too much power and not enough oversight. They worry that legal gun owners could have their firearms taken without being charged or convicted, a move they say undermines due process and sets a dangerous precedent. Some also question how easily those weapons will be returned once cleared, pointing to past delays and costly court battles under New York’s Red Flag laws.

What the New Law Says

When officers respond to a family or domestic violence incident, they must now take temporary custody of any firearms if they:

find a weapon “in plain sight” or during a lawful search, or
believe removal is necessary to protect a victim or other individuals present, based on a lethality assessment or the victim’s statements.

The law defines “firearms” broadly to include handguns, rifles, shotguns, antique firearms, muzzleloaders, dart guns, stun guns, and imitation weapons.

Seized weapons must be held for at least 120 hours (five days) before being returned, as long as there are no court orders, criminal charges, or protection orders preventing the owner from possessing them. If such legal barriers exist, the hold can be extended.

Why Gun Owners Are Concerned

For many in Central New York, firearms are part of local culture, from hunting traditions to personal protection. But this new rule has raised concerns about where the line falls between public safety and individual rights.

Because weapons can now be seized before any charges are filed or convictions secured, critics worry the law could lead to innocent gun owners temporarily losing access to their firearms based solely on an officer’s assessment of a situation. They argue that without clear judicial oversight, it risks punishing the law-abiding alongside the guilty.

Even after clearance, returning seized firearms can be slow and expensive. Some owners cite long waits and legal fees under similar Red Flag proceedings, a process that, in their view, already strains the boundaries of due process.

What Central New York Gun Owners Should Know

If you own firearms locally, whether for hunting, sport, or personal protection, here’s what experts recommend:

Check your permits and licenses. Make sure they’re current and compliant with your county’s regulations.
Secure your firearms properly. Any weapon “in plain sight” can be taken during a domestic call, so safe storage is key.
Understand what counts as a domestic violence call. Even a heated argument that draws police attention could trigger a temporary seizure.
Keep documentation handy. If you have no orders of protection or criminal charges, maintaining up-to-date proof of your legal status can help if questions arise.
Be patient, but persistent. Although the law specifies a five-day minimum hold, returns can take longer if there’s any administrative or legal delay.

Why Lawmakers Say It’s Necessary

Supporters argue that the law could save lives in situations where emotions run high and firearms are easily accessible. Between 2018 and 2022, about 34% of intimate-partner homicides in New York involved a firearm, according to state data.

From their perspective, this isn’t about punishing gun owners, it’s about buying victims a few critical days to escape or seek protection before another tragedy occurs.

For Central New Yorkers, the new law adds another layer to an already complicated conversation about guns, safety, and rights. Many here see responsible gun ownership as part of their identity, not a public threat. But with domestic violence cases continuing to rise across the state, lawmakers say bold action is needed to protect lives before it’s too late.