A proposal Governor Andrew Cuomo is hoping to pass during the upcoming legislative season would beef up a federal statute stripping all people convicted of a domestic violence crime of their weapons. It would apply to both misdemeanor and felony convictions.
"I think if you talk to officers, they would say it's right, because if he has a gun, he may shoot somebody," said Arnold Proskin of the Proskin Law Firm. "Let's hold it. Let's see where the case goes, and if it's thrown out, he gets the gun back if he has a permit."
One of the biggest changes from the federal law concerns orders of protections. The proposed legislation says if a judge grants a temporary order of protection in a domestic violence case, the perpetrator must be stripped of weapons. Current law left it up to the judges' discretion.
"An order of protection is often given after an arrest," Proskin said. "If the case gets thrown out, the judge will lift the order."
"I think it makes it easier for judges," said Gwen Wright, executive director of the state's Office for the Prevention of Domestic Violence. "Right now, there are so many gaps in the law that I think judges are often caught in between. This really clarifies what their role is."