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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46875 Justice Angiolillo IN ORDER to comply with a domestic violence order of protection requiring that he surrender firearms, defendant informed a police lieutenant of the order and that he possessed an unlicensed handgun to surrender. Defendant informed police officers who escorted him home of the protection order and its surrender requirement. After the officers located and seized the handgun, which defendant’s wife had moved from its last known location, defendant was charged with fourth-degree criminal possession of a weapon. Defendant sought dismissal, claiming that he surrendered the gun involuntarily. Although it determined that defendant voluntarily disclosed the unlicensed handgun, the court dismissed the accusatory instrument against defendant pursuant to Criminal Procedure Law �170.30(1)(f). The court ruled that a person who voluntarily surrenders an unlicensed firearm in response to a directive in an order of protection will be exempt from prosecution for possession of the unlicensed firearm.

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