Buckeye Reporter

New York state lawmakers are preparing to reintroduce a bill that would allow police to seize firearms during domestic violence calls, even if no arrests are made. This proposed legislation seeks to expand the state's Safe Homes Act of 2020, which permits officers to confiscate firearms found during consensual searches at such incidents.

State Senator Peter Harckham, a Democrat from Westchester County, is sponsoring the bill. He stated that the measure aims to enhance safety for victims of domestic violence. “This is not gun control; this is gun safety, and this is domestic safety,” Harckham told Spectrum News. He emphasized the urgency of the matter by noting two recent fatalities in his district linked to domestic violence and firearms. According to Harckham's proposal, police could hold seized weapons for up to five days while pursuing legal actions like restraining orders.

Tom King, president of the New York State Rifle & Pistol Association, expressed strong opposition to the bill. He highlighted concerns about due process rights being violated without judicial oversight. “No person shall be deprived of life, liberty, or property without due process of law,” King remarked, emphasizing the need for search warrants or judicial orders for firearm confiscation.

King also referenced cases where New Yorkers have struggled with legal costs after their firearms were seized under the state's expanded red-flag law. He noted that some individuals have incurred expenses exceeding $10,000 in efforts to reclaim their property.

Critics argue that laws like this create avenues for harassment rather than serving evidentiary purposes since they enable law enforcement officers to seize firearms without them being involved in any crime.

The discussion surrounding this bill reflects ongoing debates over balancing public safety measures with constitutional rights concerning firearm ownership in New York and beyond.