Relates to issuance of warrants for seizures of firearms in supreme court and family court.
Impact
The bill is expected to have significant implications on state laws governing the handling of firearms in protective contexts. By enabling the courts to act swiftly in the seizure of firearms from individuals who have violated protection orders, it aims to strengthen the legal framework that safeguards victims of domestic violence and other situations where firearms may pose a risk. This aligns with ongoing efforts to enhance public safety and reduce firearm-related incidents stemming from domestic disputes.
Summary
A08406 is a legislative bill introduced in the New York Assembly that amends various laws related to the issuance of warrants for the seizure of firearms in the context of protection orders issued by family and supreme courts. The bill seeks to enhance the judicial authority in protecting individuals who are in danger and may be affected by reported threats or violence. Specifically, it allows local criminal courts to issue orders for firearm seizures upon request by petitioners and authorized public servants when the family court is not in session, streamlining the process for urgent situations where immediate action is required.
Contention
While supporters of A08406 emphasize its necessity in addressing urgent safety concerns and protecting vulnerable individuals from potential harm, there are concerns voiced by various stakeholders regarding the balance of rights and civil liberties. Critics argue that the bill's provisions may lead to overreach in cases where firearm seizure occurs without sufficient due process, raising questions about the fairness and implementation of such measures. The discourse surrounding the bill reflects broader societal debates about gun rights, public safety, and the complexities of domestic violence legal frameworks.
Establishes a system of merit selection of judges of the state's major trial courts instead of elections and for the designation of certain justices of the supreme court; affects certain courts including the supreme court, surrogate's court, the New York city civil court, the New York city criminal court and the district court.
Permits family court judges, county court judges, family support magistrates and referees to possess weapons, firearms, rifles and shotguns in restricted and sensitive locations.
Relates to the execution of a warrant of arrest; authorizes the commissioner of the division of criminal justice services to establish a system to record and monitor the issuance and execution of search warrants; authorizes the chief administrator of the court system to establish educational programs for judicial personnel on the law of searches, arrests and seizures.
Relates to the execution of a warrant of arrest; authorizes the commissioner of the division of criminal justice services to establish a system to record and monitor the issuance and execution of search warrants; authorizes the chief administrator of the court system to establish educational programs for judicial personnel on the law of searches, arrests and seizures.
Authorizes enforcement officers of city courts in the county of Erie, designated in lieu of the sheriff, to exercise the same functions, powers and duties as sheriffs with respect to the execution of money judgments of the supreme and family courts.
Provides counsel appointed in the supreme court or surrogate's court for certain family matters shall be compensated in the same manner as law guardians in the family court of this state.