The State That Can Now Disarm You Over a Phone Call

Published on October 29, 2025
Duration: 7:48

William Kirk, President of Washington Gun Law, provides an expert analysis of New York's Assembly Bill AB 544, which significantly expands police authority to seize firearms. The law allows for temporary firearm confiscation based on a 'reasonable belief' standard, even without probable cause or an arrest, particularly in domestic violence situations. This legislation, effective October 16, 2025, also extends the government's holding period for seized weapons.

Quick Summary

New York's Assembly Bill AB 544 allows law enforcement to seize firearms based on a 'reasonable belief' that removal is necessary for safety, particularly in domestic violence cases. This standard is lower than probable cause, enabling disarmament without an arrest and extending the government's holding period for seized weapons.

Chapters

  1. 00:00Introduction to NY Disarmament Laws
  2. 00:57New York Assembly Bill AB 544
  3. 01:37Amendments to Criminal Procedure Law 140.10
  4. 02:58Reasonable Belief Standard for Seizure
  5. 03:27Probable Cause vs. Reasonable Suspicion
  6. 05:29Extended Holding Period for Seized Weapons
  7. 06:17Impact on New York Residents

Frequently Asked Questions

What is New York Assembly Bill AB 544?

AB 544, signed into law in New York, significantly expands police authority to seize firearms. It allows officers to take temporary custody of firearms based on a 'reasonable belief' that removal is necessary to protect victims or prevent further violence, even without an arrest.

What is the 'reasonable belief' standard for firearm seizure in New York?

The 'reasonable belief' standard, introduced by AB 544, is a lower legal threshold than 'probable cause.' This means law enforcement can seize firearms if they reasonably believe it's necessary for safety, without needing to establish probable cause for an arrest.

How does AB 544 change firearm seizure procedures in New York?

AB 544 allows firearm seizure based on an officer's 'reasonable belief' during domestic violence investigations, without an arrest or probable cause. It also extends the government's time to obtain a judicial order to keep seized weapons from 48 to 120 hours.

Can New York police disarm someone without arresting them under AB 544?

Yes, under AB 544, New York police can seize firearms based on a 'reasonable belief' standard, which is lower than probable cause. This allows for disarmament even when an arrest is not legally justified.

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