S01985 (Chap. 466): Police Must Hold Firearms for 120 Hours in Domestic Violence Responses

What the Law Does

Chapter 466 of the Laws of 2025 requires police officers to take temporary custody of firearms for not less than 120 hours — five full days — when responding to reports of family violence^[1]. Under prior law, officers had discretion in handling firearms found at domestic violence scenes. The new law eliminates that discretion by establishing a mandatory minimum holding period, creating a cooling-off window before firearms can be returned to the household.

The Assembly companion A00544 was substituted by S01985A, which passed both chambers and was signed by Governor Hochul on October 16, 2025^[2]. The law works alongside New York's existing red flag law (Extreme Risk Protection Orders under CPLR Article 63-A) and the firearms surrender provisions in orders of protection.

Current Status

Signed into law as Chapter 466 of the Laws of 2025. The law is now in effect.

What to Watch

The 120-hour period is a minimum, not a maximum. Officers and courts retain authority to hold firearms longer under existing ERPO or order-of-protection frameworks. The key implementation question is the return process after the 120-hour period: whether firearms are returned automatically, whether the subject must affirmatively request return, and what additional conditions may be imposed. Watch for updated DCJS guidance to law enforcement agencies on implementing the custody protocol.