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 responding to a report of a family offense to take custody of weapons possessed by a person arrested for or suspected of the offense, and of weapons in plain sight or found in a lawful search when specified threat, lethality or safety conditions are met. The law increases the minimum period before return from 48 to 120 hours^[1]. Under prior law, officers could take custody of weapons in plain sight or found through a consensual or other lawful search, and had to take custody of weapons possessed by a person arrested for or suspected of a family offense. The new law retains discretionary custody outside the mandatory-custody conditions and increases the minimum period before return from 48 to 120 hours.

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.