Major New Gun Confiscation Takes Effect Immediately And Its Not A Red Flag Law

Published on October 28, 2025
Duration: 6:25

New York Governor Kathy Hochul signed law A00544B, which mandates law enforcement to confiscate firearms and carry permits during 'family violence situations' without a warrant. This law expands on a previous statute, now requiring confiscation based on an officer's subjective belief of a potential threat, rather than requiring a judge's discretion. The duration for which firearms and permits can be held has also increased from 48 hours to 120 hours, with the burden of proof shifting to the owner to demonstrate they are not a prohibited person.

Quick Summary

New York's law A00544B mandates immediate, warrantless firearm confiscation during 'family violence situations' based on an officer's subjective belief of a threat. This law, effective immediately, expands on prior legislation and increases the holding period for seized firearms to 120 hours, shifting the burden of proof to the owner.

Chapters

  1. 00:00Introduction to New York Gun Law
  2. 00:56Attorneys on Retainer Program Update
  3. 02:14Details of Law A00544B
  4. 02:39Expansion of Previous Law
  5. 02:53Confiscation Without a Warrant
  6. 03:42NYSRPA Statement on Abuse of Power
  7. 04:12Increased Holding Period for Seized Arms
  8. 04:38Burden of Proof on Owner
  9. 04:46Comparison to Other States
  10. 05:00Overreach of Authority
  11. 05:19Call for DOJ Investigation
  12. 05:35Importance of Awareness and Sharing
  13. 05:51Support the Channel

Frequently Asked Questions

What is New York's new gun confiscation law and when did it take effect?

New York's law A00544B, signed by Governor Kathy Hochul, mandates law enforcement to confiscate firearms and carry permits during 'family violence situations' immediately upon the officer's subjective belief of a threat. It took effect the moment it was signed.

How does New York's A00544B law differ from red flag laws?

Unlike red flag laws, which require judicial discretion based on a signed affidavit, New York's A00544B law allows law enforcement to confiscate firearms without a warrant or judge's involvement, based solely on an officer's perception of a potential threat.

What is the new holding period for confiscated firearms in New York under law A00544B?

The new law increases the period law enforcement can hold seized firearms and permits to 120 hours. Previously, under a 2020 bill, this period was 48 hours, and confiscation was not always mandated.

Who is warning about the potential abuse of power in New York's new gun law?

Tom King, president of the New York State Rifle and Pistol Association (NYSRPA), has warned about the abuse of power embedded in the statute, stating that it allows enforcement officers to act as both prosecution and judge without background checks.

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