NY State Senate Bill 2015-S4389A

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 21, 2016	print number 4389a
Jan 21, 2016	amend and recommit to judiciary
Jan 06, 2016	referred to judiciary
Mar 18, 2015	referred to judiciary

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S4389 - Details

See Assembly Version of this Bill:: A4277
Current Committee:: Senate Judiciary
Law Section:: Family Court Act
Laws Affected:: Ren Art 12 §1211 to be Art 13 §1311, add Art 12 §§1211 - 1215, Fam Ct Act
Versions Introduced in 2017-2018 Legislative Session:: S4824, A3661

2015-S4389 - Summary

Relates to gun violence restraining orders; provides a procedure whereby family members may prohibit persons from owning or possessing firearms if the person poses an immediate and present danger of causing personal injury to himself, herself, or another by having in his or her custody or control a firearm and a gun violence restraining order is necessary to prevent personal injury to the subject of the petition or another because less restrictive alternatives either have been tried and found to be ineffective, or have been determined to be inadequate.

2015-S4389 - Sponsor Memo

                                BILL NUMBER:S4389

TITLE OF BILL:

An act to amend the family court act, in relation to gun violence
restraining orders

PURPOSE:

This legislation would permit family members and law enforcement
officials to seek a gun violence restraining order against an
individual perceived to pose a certain level of threat to others and
to themselves by having under his or her custody and control, owning,
purchasing, possessing, or receiving a firearm and/or ammunition.

SUMMARY OF PROVISIONS:

Section 1. Article 12 of the family court act is renumbered to article
13, section 1211 is renumbered section 1311 and a new article 12 is
added to include: Section 1212 specifies the process to which a
temporary emergency gun violence restraining order is issued as well
as its requirements including a statement of grounds, the date and
time the order expires, and the address of the superior court for the
county in which the restrained party resides.

Section 1213 provides the process for the issuance of an ex parte gun

violence restraining order by a court when the subject of the petition
poses a significant danger, in the near future, of personal injury to
himself, herself or another by having his or her custody or control
firearms and/or alternatives have been tried and found ineffective.

Section 1214 describes the issuance of gun violence restraining orders
issued after notice and the hearing where the petitioner has the
burden of proving by clear and convincing evidence that both the
subject of the petition pose a significant danger to himself, herself,
or another by having in his or her possession firearms or ammunition,
and that less restrictive alternatives have been tried and were
inadequate or inappropriate for the circumstance.

Section 1215 concludes that every person who files for a petition
knowing the information in the petition to be false or with the intent
to harass is guilty of a misdemeanor. Additionally, every person who
owns or possesses a firearm or ammunition with knowledge that he or
she is prohibited from doing so pursuant to sections 1212, 1213, 1214
of this article is guilty of a misdemeanor and prohibited from having
in his or her custody or control a firearm or ammunition for a five
year period, to commence upon the expiration of the existing gun
violence restraining order.

JUSTIFICATION:

Tragic incidents of gun violence have become shockingly prevalent in
recent years. Mass shootings in schools, movie theaters, and other
public places have attracted national attention and prompted
legislators, seeking preventative measures, to alter state, and
national firearms laws.


This law gives immediate family members the right to petition the
court to issue a gun violence restraining order against an immediate
family member once the petitioner is able to prove that alternative
actions have been tried and failed and that the petitioned family
member's behavior poses a threat to himself, herself, or others by
having under his or her custody and control, owning, purchasing,
possessing, or receiving a firearm and/or ammunition. Before the
issuance of a gun violence restraining order the court will examine
the evidence provided through witness oaths, petitioner affidavits,
and possible patterns of violent acts or violent threats within the
past 12 months, in order to effectively issue a gun violence
restraining order that would be in effect for one year. This
legislation will be an effective mechanism to further prevent violent
gun related acts from being committed.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

EFFECTIVE DATE:

This act shall take effect on the one hundred twentieth day after it
shall have become law.

2015-S4389 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4389

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 18, 2015
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the family  court  act,  in  relation  to  gun  violence
  restraining orders

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 12 of the family court act  is  renumbered  article
13,  section  1211  is  renumbered  section 1311 and a new article 12 is
added to read as follows:
                               ARTICLE 12
                     GUN VIOLENCE RESTRAINING ORDER

SECTION 1211. GENERAL.
        1212. TEMPORARY EMERGENCY GUN VIOLENCE RESTRAINING ORDER.
        1213. EX PARTE GUN VIOLENCE RESTRAINING ORDER.
        1214. GUN VIOLENCE RESTRAINING ORDER  ISSUED  AFTER  NOTICE  AND
                HEARING.
        1215. OFFENSES.
  S  1211.  GENERAL. 1. A GUN VIOLENCE RESTRAINING ORDER IS AN ORDER, IN
WRITING, SIGNED BY THE COURT, PROHIBITING AND ENJOINING A  NAMED  PERSON
FROM  HAVING  IN  HIS  OR  HER  CUSTODY  OR CONTROL, OWNING, PURCHASING,
POSSESSING, OR RECEIVING ANY FIREARMS OR AMMUNITION. THIS ARTICLE ESTAB-
LISHES A CIVIL RESTRAINING ORDER PROCESS TO ACCOMPLISH THAT PURPOSE.
  2. THE OFFICE OF COURT ADMINISTRATION SHALL PRESCRIBE THE FORM OF  THE
PETITIONS  AND  ORDERS AND ANY OTHER DOCUMENTS, AND SHALL PROMULGATE ANY
RULES OF COURT, NECESSARY TO IMPLEMENT THIS ARTICLE.
  3. A PETITION FOR A GUN VIOLENCE RESTRAINING ORDER SHALL DESCRIBE  THE
NUMBER,  TYPES,  AND  LOCATIONS OF ANY FIREARMS AND AMMUNITION PRESENTLY
BELIEVED BY THE PETITIONER TO BE POSSESSED OR CONTROLLED BY THE  SUBJECT
OF THE PETITION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04326-01-5

S. 4389                             2

  4.  NOTHING  IN  THIS  ARTICLE  SHALL  BE INTERPRETED TO REQUIRE A LAW
ENFORCEMENT AGENCY OR A LAW ENFORCEMENT OFFICER TO SEEK A  GUN  VIOLENCE
RESTRAINING  ORDER IN ANY CASE, INCLUDING, BUT NOT LIMITED TO, IN A CASE
IN WHICH THE AGENCY OR OFFICER CONCLUDES, AFTER INVESTIGATION, THAT  THE
CRITERIA FOR ISSUANCE OF A GUN VIOLENCE RESTRAINING ORDER ARE NOT SATIS-
FIED.
  5.  PRIOR  TO A HEARING ON THE ISSUANCE, RENEWAL, OR TERMINATION OF AN
ORDER UNDER SECTION TWELVE HUNDRED THIRTEEN OR TWELVE  HUNDRED  FOURTEEN
OF  THIS  ARTICLE  THE  COURT  SHALL  ENSURE  THAT  A  SEARCH WARRANT IS
CONDUCTED AND SHALL KEEP INFORMATION OBTAINED FROM  A  SEARCH  CONDUCTED
PURSUANT TO THIS SECTION CONFIDENTIAL.
  6.  (A)  THE  COURT  SHALL  NOTIFY  THE  DIVISION  OF CRIMINAL JUSTICE
SERVICES WHEN A GUN  VIOLENCE  RESTRAINING  ORDER  HAS  BEEN  ISSUED  OR
RENEWED  UNDER THIS ARTICLE NO LATER THAN ONE COURT DAY AFTER ISSUING OR
RENEWING THE ORDER.
  (B) THE COURT SHALL NOTIFY THE DIVISION OF CRIMINAL  JUSTICE  SERVICES
WHEN  A  GUN VIOLENCE RESTRAINING ORDER HAS BEEN DISSOLVED OR TERMINATED
UNDER THIS ARTICLE NO LATER THAN FIVE COURT  DAYS  AFTER  DISSOLVING  OR
TERMINATING THE ORDER. UPON RECEIPT OF EITHER A NOTICE OF DISSOLUTION OR
A  NOTICE  OF TERMINATION OF A GUN VIOLENCE RESTRAINING ORDER, THE DIVI-
SION OF CRIMINAL JUSTICE SERVICES SHALL, WITHIN FIFTEEN  DAYS,  DOCUMENT
THE UPDATED STATUS OF ANY ORDER ISSUED UNDER THIS ARTICLE.
  (C)  THE  NOTICES REQUIRED TO BE SUBMITTED TO THE DIVISION OF CRIMINAL
JUSTICE SERVICES PURSUANT TO THIS SECTION SHALL BE SUBMITTED IN AN ELEC-
TRONIC FORMAT, IN A MANNER PRESCRIBED BY THE DIVISION.
  (D) WHEN NOTIFYING THE DIVISION OF CRIMINAL JUSTICE SERVICES  PURSUANT
TO PARAGRAPH (A) OR (B) OF THIS SUBDIVISION, THE COURT SHALL INDICATE IN
THE  NOTICE  WHETHER  THE PERSON SUBJECT TO THE GUN VIOLENCE RESTRAINING
ORDER WAS PRESENT IN COURT TO BE INFORMED OF THE CONTENTS OF  THE  ORDER
OR  IF THE PERSON FAILED TO APPEAR. THE PERSON'S PRESENCE IN COURT SHALL
CONSTITUTE PROOF OF SERVICE OF NOTICE OF THE TERMS OF THE ORDER.
  (E) (1) WITHIN ONE BUSINESS DAY OF SERVICE, A LAW ENFORCEMENT  OFFICER
WHO  SERVED  A  GUN VIOLENCE RESTRAINING ORDER SHALL SUBMIT THE PROOF OF
SERVICE DIRECTLY INTO THE DATABASE ESTABLISHED UNDER SECTION TWO HUNDRED
TWENTY-ONE-A OF THE EXECUTIVE LAW, INCLUDING HIS OR  HER  NAME  AND  LAW
ENFORCEMENT  AGENCY,  AND  SHALL  TRANSMIT THE ORIGINAL PROOF OF SERVICE
FORM TO THE ISSUING COURT.
  (2) WITHIN ONE BUSINESS DAY OF RECEIPT OF PROOF OF SERVICE BY A PERSON
OTHER THAN A LAW ENFORCEMENT OFFICER,  THE  CLERK  OF  THE  COURT  SHALL
SUBMIT THE PROOF OF SERVICE OF A GUN VIOLENCE RESTRAINING ORDER DIRECTLY
INTO  THE DATABASE ESTABLISHED UNDER SECTION TWO HUNDRED TWENTY-ONE-A OF
THE EXECUTIVE LAW, INCLUDING THE NAME  OF  THE  PERSON  WHO  SERVED  THE
ORDER.  IF THE COURT IS UNABLE TO PROVIDE THIS NOTIFICATION TO THE DIVI-
SION OF CRIMINAL JUSTICE SERVICES BY ELECTRONIC TRANSMISSION, THE  COURT
SHALL,  WITHIN ONE BUSINESS DAY OF RECEIPT, TRANSMIT A COPY OF THE PROOF
OF SERVICE TO A LOCAL LAW ENFORCEMENT AGENCY. THE LOCAL LAW  ENFORCEMENT
AGENCY  SHALL  SUBMIT  THE  PROOF  OF SERVICE DIRECTLY INTO THE REGISTRY
ESTABLISHED UNDER SECTION TWO HUNDRED TWENTY-ONE-A OF THE EXECUTIVE  LAW
WITHIN ONE BUSINESS DAY OF RECEIPT FROM THE COURT.
  7.  (A)  A  PERSON  SUBJECT TO A GUN VIOLENCE RESTRAINING ORDER ISSUED
PURSUANT TO THIS ARTICLE SHALL  NOT  HAVE  IN  HIS  OR  HER  CUSTODY  OR
CONTROL,  OWN,  PURCHASE, POSSESS, OR RECEIVE ANY FIREARMS OR AMMUNITION
WHILE THAT ORDER IS IN EFFECT.
  (B) (1) UPON ISSUANCE OF  A  GUN  VIOLENCE  RESTRAINING  ORDER  ISSUED
PURSUANT TO THIS ARTICLE, THE COURT SHALL ORDER THE RESTRAINED PERSON TO
SURRENDER  TO  THE LOCAL LAW ENFORCEMENT AGENCY ALL FIREARMS AND AMMUNI-

S. 4389                             3

TION IN THE  RESTRAINED  PERSON'S  CUSTODY  OR  CONTROL,  OR  WHICH  THE
RESTRAINED PERSON POSSESSES OR OWNS.
  (2)  THE  SURRENDER ORDERED PURSUANT TO SUBPARAGRAPH ONE OF THIS PARA-
GRAPH SHALL OCCUR BY IMMEDIATELY SURRENDERING ALL FIREARMS  AND  AMMUNI-
TION  IN  A SAFE MANNER, UPON REQUEST OF ANY LAW ENFORCEMENT OFFICER, TO
THE CONTROL OF THE OFFICER, AFTER  BEING  SERVED  WITH  THE  RESTRAINING
ORDER.  A  LAW  ENFORCEMENT  OFFICER  SERVING A GUN VIOLENCE RESTRAINING
ORDER THAT INDICATES THAT THE RESTRAINED PERSON POSSESSES  ANY  FIREARMS
OR  AMMUNITION  SHALL  REQUEST THAT ALL FIREARMS AND AMMUNITION BE IMME-
DIATELY SURRENDERED. ALTERNATIVELY, IF NO  REQUEST  IS  MADE  BY  A  LAW
ENFORCEMENT  OFFICER, THE SURRENDER SHALL OCCUR WITHIN TWENTY-FOUR HOURS
OF BEING SERVED WITH THE ORDER, BY EITHER SURRENDERING ALL FIREARMS  AND
AMMUNITION  IN A SAFE MANNER TO THE CONTROL OF THE LOCAL LAW ENFORCEMENT
AGENCY, OR BY SELLING ALL FIREARMS AND  AMMUNITION  TO  A  LICENSED  GUN
DEALER.  THE  LAW  ENFORCEMENT  OFFICER  OR  LICENSED  GUN DEALER TAKING
POSSESSION OF ANY FIREARMS OR AMMUNITION PURSUANT  TO  THIS  SUBDIVISION
SHALL ISSUE A RECEIPT TO THE PERSON SURRENDERING THE FIREARM OR FIREARMS
OR  AMMUNITION  OR  BOTH  AT  THE TIME OF SURRENDER. A PERSON ORDERED TO
SURRENDER ALL FIREARMS  AND  AMMUNITION  PURSUANT  TO  THIS  SUBDIVISION
SHALL,  WITHIN  FORTY-EIGHT  HOURS AFTER BEING SERVED WITH THE ORDER, DO
BOTH OF THE FOLLOWING:
  (A) FILE WITH THE COURT THAT ISSUED THE GUN VIOLENCE RESTRAINING ORDER
THE ORIGINAL RECEIPT SHOWING  ALL  FIREARMS  AND  AMMUNITION  HAVE  BEEN
SURRENDERED  TO A LOCAL LAW ENFORCEMENT AGENCY OR SOLD TO A LICENSED GUN
DEALER. FAILURE TO TIMELY FILE A RECEIPT SHALL CONSTITUTE A VIOLATION OF
THE RESTRAINING ORDER.
  (B) FILE A COPY OF THE RECEIPT DESCRIBED IN CLAUSE (A) OF THIS SUBPAR-
AGRAPH WITH THE LAW ENFORCEMENT AGENCY  THAT  SERVED  THE  GUN  VIOLENCE
RESTRAINING  ORDER.   FAILURE TO TIMELY FILE A COPY OF THE RECEIPT SHALL
CONSTITUTE A VIOLATION OF THE RESTRAINING ORDER.
  (C) (1) ANY FIREARMS OR AMMUNITION SURRENDERED TO  A  LAW  ENFORCEMENT
OFFICER  OR  LAW  ENFORCEMENT  AGENCY  PURSUANT TO THIS SECTION SHALL BE
RETAINED BY THE LAW ENFORCEMENT AGENCY UNTIL THE EXPIRATION OF  ANY  GUN
VIOLENCE  RESTRAINING  ORDER THAT HAS BEEN ISSUED AGAINST THE RESTRAINED
PERSON.  UPON EXPIRATION OF ANY ORDER, ANY FIREARMS OR AMMUNITION  SHALL
BE RETURNED TO THE RESTRAINED PERSON.
  (2)  A  RESTRAINED PERSON WHO OWNS ANY FIREARMS OR AMMUNITION THAT ARE
IN THE CUSTODY OF A LAW ENFORCEMENT AGENCY PURSUANT TO THIS SECTION  AND
WHO DOES NOT WISH TO HAVE THE FIREARM OR FIREARMS OR AMMUNITION RETURNED
IS ENTITLED TO SELL OR TRANSFER TITLE OF ANY FIREARMS OR AMMUNITION TO A
LICENSED  DEALER PROVIDED THAT THE FIREARM OR FIREARMS OR AMMUNITION ARE
OTHERWISE LEGAL TO OWN OR POSSESS AND THE  RESTRAINED  PERSON  OTHERWISE
HAS RIGHT TO TITLE OF THE FIREARM OR FIREARMS OR AMMUNITION.
  (D)  IF  A PERSON OTHER THAN THE RESTRAINED PERSON CLAIMS TITLE TO ANY
FIREARMS OR AMMUNITION SURRENDERED PURSUANT TO THIS SECTION, AND  HE  OR
SHE  IS  DETERMINED BY THE LAW ENFORCEMENT AGENCY TO BE THE LAWFUL OWNER
OF THE FIREARM OR FIREARMS OR AMMUNITION, THE  FIREARM  OR  FIREARMS  OR
AMMUNITION SHALL BE RETURNED TO HIM OR HER.
  S  1212.  TEMPORARY  EMERGENCY  GUN VIOLENCE RESTRAINING ORDER. 1.   A
TEMPORARY EMERGENCY GUN VIOLENCE RESTRAINING ORDER MAY BE ISSUED  ON  AN
EX PARTE BASIS ONLY IF A LAW ENFORCEMENT OFFICER ASSERTS, AND A JUDICIAL
OFFICER  FINDS,  THAT  THERE  IS REASONABLE CAUSE TO BELIEVE BOTH OF THE
FOLLOWING:
  (A) THE SUBJECT OF THE PETITION POSES AN IMMEDIATE AND PRESENT  DANGER
OF  CAUSING PERSONAL INJURY TO HIMSELF, HERSELF, OR ANOTHER BY HAVING IN

S. 4389                             4

HIS OR HER  CUSTODY  OR  CONTROL,  OWNING,  PURCHASING,  POSSESSING,  OR
RECEIVING A FIREARM; AND
  (B)  A TEMPORARY EMERGENCY GUN VIOLENCE RESTRAINING ORDER IS NECESSARY
TO PREVENT PERSONAL INJURY TO THE SUBJECT OF  THE  PETITION  OR  ANOTHER
BECAUSE  LESS  RESTRICTIVE ALTERNATIVES EITHER HAVE BEEN TRIED AND FOUND
TO BE INEFFECTIVE, OR HAVE BEEN DETERMINED TO BE INADEQUATE OR  INAPPRO-
PRIATE FOR THE CIRCUMSTANCES OF THE SUBJECT OF THE PETITION.
  2.  A TEMPORARY EMERGENCY GUN VIOLENCE RESTRAINING ORDER ISSUED PURSU-
ANT TO THIS SECTION SHALL PROHIBIT THE  SUBJECT  OF  THE  PETITION  FROM
HAVING IN HIS OR HER CUSTODY OR CONTROL, OWNING, PURCHASING, POSSESSING,
OR RECEIVING, OR ATTEMPTING TO PURCHASE OR RECEIVE, A FIREARM OR AMMUNI-
TION,  AND  SHALL  EXPIRE  TWENTY-ONE  DAYS  FROM  THE DATE THE ORDER IS
ISSUED.
  3. A TEMPORARY EMERGENCY GUN VIOLENCE RESTRAINING ORDER IS VALID  ONLY
IF IT IS ISSUED BY A JUDICIAL OFFICER AFTER MAKING THE FINDINGS REQUIRED
BY SUBDIVISION ONE OF THIS SECTION AND PURSUANT TO A SPECIFIC REQUEST BY
A LAW ENFORCEMENT OFFICER.
  4.  A  TEMPORARY EMERGENCY GUN VIOLENCE RESTRAINING ORDER ISSUED UNDER
THIS SECTION SHALL INCLUDE ALL OF THE FOLLOWING:
  (A) A STATEMENT OF THE GROUNDS SUPPORTING THE ISSUANCE OF THE ORDER.
  (B) THE DATE AND TIME THE ORDER EXPIRES.
  (C) THE ADDRESS OF THE SUPERIOR COURT FOR  THE  COUNTY  IN  WHICH  THE
RESTRAINED PARTY RESIDES; AND
  (D)  THE  FOLLOWING  STATEMENT:  "TO THE RESTRAINED PERSON: THIS ORDER
WILL LAST UNTIL THE DATE AND TIME  NOTED  ABOVE.  YOU  ARE  REQUIRED  TO
SURRENDER ALL FIREARMS AND AMMUNITION THAT YOU OWN OR POSSESS IN ACCORD-
ANCE  WITH  ARTICLE  12  OF THE FAMILY COURT ACT AND YOU MAY NOT HAVE IN
YOUR CUSTODY OR CONTROL, OWN, PURCHASE, POSSESS, OR RECEIVE, OR  ATTEMPT
TO  PURCHASE  OR RECEIVE A FIREARM OR AMMUNITION, WHILE THIS ORDER IS IN
EFFECT. HOWEVER, A MORE PERMANENT GUN VIOLENCE RESTRAINING ORDER MAY  BE
OBTAINED  FROM  THE  COURT. YOU MAY SEEK THE ADVICE OF AN ATTORNEY AS TO
ANY MATTER CONNECTED WITH THE ORDER. THE ATTORNEY  SHOULD  BE  CONSULTED
PROMPTLY  SO  THAT  THE  ATTORNEY MAY ASSIST YOU IN ANY MATTER CONNECTED
WITH THE ORDER."
  5. A LAW ENFORCEMENT OFFICER WHO REQUESTS A  TEMPORARY  EMERGENCY  GUN
VIOLENCE RESTRAINING ORDER SHALL DO ALL OF THE FOLLOWING:
  (A)  IF  THE  ORDER  IS  OBTAINED ORALLY, MEMORIALIZE THE ORDER OF THE
COURT ON THE FORM APPROVED BY THE OFFICE OF COURT ADMINISTRATION;
  (B) SERVE THE ORDER ON THE RESTRAINED PERSON, IF THE RESTRAINED PERSON
CAN REASONABLY BE LOCATED;
  (C) FILE A COPY OF THE ORDER WITH THE COURT  AS  SOON  AS  PRACTICABLE
AFTER ISSUANCE;
  (D)  HAVE  THE  ORDER  ENTERED  INTO  THE COMPUTER DATABASE SYSTEM FOR
PROTECTIVE  ORDERS  MAINTAINED  BY  THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES.
  6.  (A)  (1) EXCEPT AS PROVIDED IN SUBPARAGRAPH TWO OF THIS PARAGRAPH,
THE PETITION FOR A TEMPORARY EMERGENCY GUN  VIOLENCE  RESTRAINING  ORDER
SHALL BE OBTAINED BY SUBMITTING A WRITTEN PETITION TO THE COURT.
  (2)  IF TIME AND CIRCUMSTANCES DO NOT PERMIT THE SUBMISSION OF A WRIT-
TEN PETITION, A TEMPORARY EMERGENCY GUN VIOLENCE RESTRAINING  ORDER  MAY
BE ISSUED IN ACCORDANCE WITH THE PROCEDURES FOR OBTAINING AN ORAL SEARCH
WARRANT.
  (B)  THE  PRESIDING  JUDGE  OF  THE SUPREME COURT OF EACH COUNTY SHALL
DESIGNATE AT LEAST ONE JUDGE, COMMISSIONER,  OR  REFEREE  WHO  SHALL  BE
REASONABLY AVAILABLE TO ISSUE TEMPORARY EMERGENCY GUN VIOLENCE RESTRAIN-
ING ORDERS WHEN THE FAMILY COURT IS NOT IN SESSION.

S. 4389                             5

  S  1213.  EX PARTE GUN VIOLENCE RESTRAINING ORDER. 1. (A) AN IMMEDIATE
FAMILY MEMBER OF A PERSON OR A LAW ENFORCEMENT OFFICER MAY FILE A  PETI-
TION  REQUESTING THAT THE COURT ISSUE AN EX PARTE GUN VIOLENCE RESTRAIN-
ING ORDER ENJOINING THE SUBJECT OF THE PETITION FROM HAVING  IN  HIS  OR
HER  CUSTODY  OR CONTROL, OWNING, PURCHASING, POSSESSING, OR RECEIVING A
FIREARM OR AMMUNITION.
  (B) FOR PURPOSES OF THIS  SECTION,  "IMMEDIATE  FAMILY  MEMBER"  MEANS
PERSONS RELATED BY BLOOD, MARRIAGE OR LEGAL ADOPTION.
  (C)  A  COURT  MAY ISSUE AN EX PARTE GUN VIOLENCE RESTRAINING ORDER IF
THE PETITION, SUPPORTED BY AN AFFIDAVIT MADE IN WRITING  AND  SIGNED  BY
THE PETITIONER UNDER OATH, OR AN ORAL STATEMENT TAKEN PURSUANT TO SUBDI-
VISION  TWO  OF  THIS SECTION AND ANY ADDITIONAL INFORMATION PROVIDED TO
THE COURT SHOWS THAT THERE IS A SUBSTANTIAL LIKELIHOOD THAT BOTH OF  THE
FOLLOWING ARE TRUE:
  (1)  THE  SUBJECT  OF  THE PETITION POSES A SIGNIFICANT DANGER, IN THE
NEAR FUTURE, OF PERSONAL INJURY  TO  HIMSELF,  HERSELF,  OR  ANOTHER  BY
HAVING IN HIS OR HER CUSTODY OR CONTROL, OWNING, PURCHASING, POSSESSING,
OR  RECEIVING  A FIREARM AS DETERMINED BY CONSIDERING THE FACTORS LISTED
IN SUBDIVISION TWO OF THIS SECTION.
  (2) AN EX PARTE GUN VIOLENCE RESTRAINING ORDER IS NECESSARY TO PREVENT
PERSONAL INJURY TO THE SUBJECT OF THE PETITION OR ANOTHER  BECAUSE  LESS
RESTRICTIVE ALTERNATIVES EITHER HAVE BEEN TRIED AND FOUND TO BE INEFFEC-
TIVE,  OR  ARE  INADEQUATE OR INAPPROPRIATE FOR THE CIRCUMSTANCES OF THE
SUBJECT OF THE PETITION.
  (D) AN AFFIDAVIT SUPPORTING A PETITION FOR THE ISSUANCE OF AN EX PARTE
GUN VIOLENCE RESTRAINING ORDER SHALL SET  FORTH  THE  FACTS  TENDING  TO
ESTABLISH  THE GROUNDS OF THE PETITION, OR THE REASON FOR BELIEVING THAT
THEY EXIST.
  (E) AN EX PARTE ORDER UNDER THIS SECTION SHALL BE ISSUED OR DENIED  ON
THE  SAME  DAY  THAT  THE PETITION IS SUBMITTED TO THE COURT, UNLESS THE
PETITION IS FILED TOO LATE IN THE DAY TO  PERMIT  EFFECTIVE  REVIEW,  IN
WHICH  CASE THE ORDER SHALL BE ISSUED OR DENIED ON THE NEXT DAY OF JUDI-
CIAL BUSINESS IN SUFFICIENT TIME FOR THE ORDER TO BE FILED THAT DAY WITH
THE CLERK OF THE COURT.
  2. (A) (1)  THE  COURT,  BEFORE  ISSUING  AN  EX  PARTE  GUN  VIOLENCE
RESTRAINING ORDER, SHALL EXAMINE ON OATH, THE PETITIONER AND ANY WITNESS
THE PETITIONER MAY PRODUCE.
  (2) IN LIEU OF EXAMINING THE PETITIONER AND ANY WITNESS THE PETITIONER
MAY  PRODUCE,  THE  COURT  MAY REQUIRE THE PETITIONER AND ANY WITNESS TO
SUBMIT A WRITTEN AFFIDAVIT SIGNED UNDER OATH.
  (B) (1) IN DETERMINING WHETHER GROUNDS FOR A GUN VIOLENCE  RESTRAINING
ORDER EXIST, THE COURT SHALL CONSIDER ALL EVIDENCE OF THE FOLLOWING:
  (A)  A  RECENT THREAT OF VIOLENCE OR ACT OF VIOLENCE BY THE SUBJECT OF
THE PETITION DIRECTED TOWARD ANOTHER.
  (B) A RECENT THREAT OF VIOLENCE OR ACT OF VIOLENCE BY THE  SUBJECT  OF
THE PETITION DIRECTED TOWARD HIMSELF OR HERSELF.
  (C)  A VIOLATION OF AN EMERGENCY ORDER OF PROTECTION THAT IS IN EFFECT
AT THE TIME THE COURT IS CONSIDERING THE PETITION.
  (D) A RECENT VIOLATION OF AN UNEXPIRED ORDER OF PROTECTION.
  (E) A PATTERN OF VIOLENT ACTS  OR  VIOLENT  THREATS  WITHIN  THE  PAST
TWELVE  MONTHS,  INCLUDING,  BUT  NOT LIMITED TO, THREATS OF VIOLENCE OR
ACTS OF VIOLENCE BY THE SUBJECT OF THE PETITION DIRECTED TOWARD HIMSELF,
HERSELF, OR ANOTHER.
  (2) IN DETERMINING WHETHER GROUNDS  FOR  A  GUN  VIOLENCE  RESTRAINING
ORDER  EXIST,  THE COURT MAY CONSIDER ANY OTHER EVIDENCE OF AN INCREASED

S. 4389                             6

RISK FOR VIOLENCE, INCLUDING, BUT NOT LIMITED TO, EVIDENCE OF ANY OF THE
FOLLOWING:
  (A)  THE  UNLAWFUL  AND  RECKLESS  USE,  DISPLAY,  OR BRANDISHING OF A
FIREARM BY THE SUBJECT OF THE PETITION.
  (B) THE HISTORY OF USE, ATTEMPTED USE, OR THREATENED USE  OF  PHYSICAL
FORCE BY THE SUBJECT OF THE PETITION AGAINST ANOTHER PERSON.
  (C)  ANY  PRIOR  ARREST  OF  THE  SUBJECT OF THE PETITION FOR A FELONY
OFFENSE.
  (D) ANY HISTORY OF A VIOLATION BY THE SUBJECT OF THE  PETITION  OF  AN
EMERGENCY ORDER OF PROTECTION.
  (E)  ANY  HISTORY  OF A VIOLATION BY THE SUBJECT OF THE PETITION OF AN
ORDER OF PROTECTION.
  (F) DOCUMENTARY  EVIDENCE,  INCLUDING,  BUT  NOT  LIMITED  TO,  POLICE
REPORTS  AND  RECORDS OF CONVICTIONS, OF EITHER RECENT CRIMINAL OFFENSES
BY THE SUBJECT OF THE PETITION THAT  INVOLVE  CONTROLLED  SUBSTANCES  OR
ALCOHOL  OR  ONGOING  ABUSE  OF  CONTROLLED SUBSTANCES OR ALCOHOL BY THE
SUBJECT OF THE PETITION.
  (G) EVIDENCE OF RECENT ACQUISITION OF FIREARMS, AMMUNITION,  OR  OTHER
DEADLY WEAPONS.
  (3)  FOR  THE  PURPOSES OF THIS SUBDIVISION, "RECENT" MEANS WITHIN THE
SIX MONTHS PRIOR TO THE DATE THE PETITION WAS FILED.
  (C) IF THE COURT DETERMINES THAT GROUNDS TO  ISSUE  AN  EX  PARTE  GUN
VIOLENCE  RESTRAINING  ORDER  EXIST,  IT  SHALL  ISSUE  AN  EX PARTE GUN
VIOLENCE RESTRAINING ORDER THAT PROHIBITS THE SUBJECT  OF  THE  PETITION
FROM  HAVING  IN  HIS  OR  HER  CUSTODY  OR CONTROL, OWNING, PURCHASING,
POSSESSING, OR RECEIVING,  OR  ATTEMPTING  TO  PURCHASE  OR  RECEIVE,  A
FIREARM  OR  AMMUNITION,  AND EXPIRES NO LATER THAN TWENTY-ONE DAYS FROM
THE DATE OF THE ORDER.
  3. (A) AN EX PARTE GUN VIOLENCE RESTRAINING ORDER  ISSUED  UNDER  THIS
SECTION SHALL INCLUDE ALL OF THE FOLLOWING:
  (1) A STATEMENT OF THE GROUNDS SUPPORTING THE ISSUANCE OF THE ORDER.
  (2) THE DATE AND TIME THE ORDER EXPIRES.
  (3) THE ADDRESS OF THE SUPERIOR COURT IN WHICH ANY RESPONSIVE PLEADING
SHOULD BE FILED.
  (4) THE DATE AND TIME OF THE SCHEDULED HEARING.
  (5)  THE FOLLOWING STATEMENT: "TO THE RESTRAINED PERSON: THIS ORDER IS
VALID UNTIL THE EXPIRATION DATE AND TIME NOTED ABOVE. YOU  ARE  REQUIRED
TO  SURRENDER  ALL  FIREARMS  AND  AMMUNITION THAT YOU OWN OR POSSESS IN
ACCORDANCE WITH ARTICLE 12 OF THE FAMILY COURT ACT AND YOU MAY NOT  HAVE
IN  YOUR  CUSTODY  OR  CONTROL,  OWN,  PURCHASE, POSSESS, OR RECEIVE, OR
ATTEMPT TO PURCHASE OR RECEIVE A FIREARM OR AMMUNITION, WHILE THIS ORDER
IS IN EFFECT. A HEARING WILL BE HELD ON THE DATE AND AT THE  TIME  NOTED
ABOVE  TO  DETERMINE  IF A MORE PERMANENT GUN VIOLENCE RESTRAINING ORDER
SHOULD BE ISSUED.  FAILURE TO APPEAR AT THAT HEARING  MAY  RESULT  IN  A
COURT MAKING AN ORDER AGAINST YOU THAT IS VALID FOR A YEAR. YOU MAY SEEK
THE ADVICE OF AN ATTORNEY AS TO ANY MATTER CONNECTED WITH THE ORDER. THE
ATTORNEY  SHOULD  BE  CONSULTED PROMPTLY SO THAT THE ATTORNEY MAY ASSIST
YOU IN ANY MATTER CONNECTED WITH THE ORDER."
  (B) (1) AN EX PARTE GUN VIOLENCE RESTRAINING ORDER SHALL BE PERSONALLY
SERVED ON THE RESTRAINED PERSON BY A LAW  ENFORCEMENT  OFFICER,  OR  ANY
PERSON  WHO  IS  AT  LEAST  EIGHTEEN YEARS OF AGE AND NOT A PARTY TO THE
ACTION, IF THE RESTRAINED PERSON CAN REASONABLY BE LOCATED.
  (2) WHEN SERVING A GUN VIOLENCE RESTRAINING ORDER, A  LAW  ENFORCEMENT
OFFICER  SHALL  INFORM  THE  RESTRAINED  PERSON OF THE HEARING SCHEDULED
PURSUANT TO SUBDIVISION FOUR OF THIS SECTION.

S. 4389                             7

  4. WITHIN TWENTY-ONE DAYS AFTER THE DATE  ON  THE  ORDER,  BEFORE  THE
COURT  THAT  ISSUED THE ORDER OR ANOTHER COURT IN THE SAME JURISDICTION,
THE COURT SHALL HOLD A HEARING PURSUANT TO SECTION TWELVE HUNDRED  FOUR-
TEEN  OF  THIS  ARTICLE TO DETERMINE IF A GUN VIOLENCE RESTRAINING ORDER
SHOULD BE ISSUED.
  S  1214.  GUN VIOLENCE RESTRAINING ORDER ISSUED AFTER NOTICE AND HEAR-
ING. 1. (A) AN IMMEDIATE FAMILY MEMBER OF A PERSON OR A LAW  ENFORCEMENT
OFFICER  MAY  REQUEST  THAT A COURT, AFTER NOTICE AND A HEARING, ISSUE A
GUN VIOLENCE RESTRAINING ORDER ENJOINING THE  SUBJECT  OF  THE  PETITION
FROM  HAVING  IN  HIS  OR  HER  CUSTODY  OR CONTROL, OWNING, PURCHASING,
POSSESSING, OR RECEIVING A FIREARM OR AMMUNITION FOR  A  PERIOD  OF  ONE
YEAR.
  (B) FOR PURPOSES OF THIS SECTION, "IMMEDIATE FAMILY MEMBER" SHALL MEAN
PERSONS RELATED BY BLOOD, MARRIAGE OR ADOPTION.
  2.  IN  DETERMINING  WHETHER TO ISSUE A GUN VIOLENCE RESTRAINING ORDER
UNDER THIS SECTION, THE COURT SHALL CONSIDER EVIDENCE OF THE FACTS IDEN-
TIFIED IN SUBPARAGRAPH ONE  OF  PARAGRAPH  (B)  OF  SUBDIVISION  TWO  OF
SECTION  TWELVE  HUNDRED  THIRTEEN  OF THIS ARTICLE AND MAY CONSIDER ANY
OTHER EVIDENCE OF AN INCREASED RISK FOR  VIOLENCE,  INCLUDING,  BUT  NOT
LIMITED  TO,  EVIDENCE  OF  THE  FACTS IDENTIFIED IN SUBPARAGRAPH TWO OF
PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION TWELVE HUNDRED  THIRTEEN  OF
THIS ARTICLE.
  3.  (A)  AT THE HEARING, THE PETITIONER SHALL HAVE THE BURDEN OF PROV-
ING, BY CLEAR AND CONVINCING EVIDENCE, THAT BOTH OF  THE  FOLLOWING  ARE
TRUE:
  (1)  THE  SUBJECT  OF THE PETITION, OR A PERSON SUBJECT TO AN EX PARTE
GUN VIOLENCE RESTRAINING  ORDER,  AS  APPLICABLE,  POSES  A  SIGNIFICANT
DANGER  OF  PERSONAL INJURY TO HIMSELF, HERSELF, OR ANOTHER BY HAVING IN
HIS OR HER  CUSTODY  OR  CONTROL,  OWNING,  PURCHASING,  POSSESSING,  OR
RECEIVING A FIREARM OR AMMUNITION.
  (2)  A GUN VIOLENCE RESTRAINING ORDER IS NECESSARY TO PREVENT PERSONAL
INJURY TO THE SUBJECT OF THE PETITION, OR THE PERSON SUBJECT  TO  AN  EX
PARTE  GUN VIOLENCE RESTRAINING ORDER, AS APPLICABLE, OR ANOTHER BECAUSE
LESS RESTRICTIVE ALTERNATIVES EITHER HAVE BEEN TRIED  AND  FOUND  TO  BE
INEFFECTIVE, OR ARE INADEQUATE OR INAPPROPRIATE FOR THE CIRCUMSTANCES OF
THE  SUBJECT  OF  THE PETITION, OR THE PERSON SUBJECT TO AN EX PARTE GUN
VIOLENCE RESTRAINING ORDER, AS APPLICABLE.
  (B) (1) IF THE COURT FINDS THAT THERE IS CLEAR AND CONVINCING EVIDENCE
TO ISSUE A GUN VIOLENCE RESTRAINING ORDER, THE COURT SHALL ISSUE  A  GUN
VIOLENCE  RESTRAINING  ORDER  THAT PROHIBITS THE SUBJECT OF THE PETITION
FROM HAVING IN HIS  OR  HER  CUSTODY  OR  CONTROL,  OWNING,  PURCHASING,
POSSESSING,  OR  RECEIVING,  OR  ATTEMPTING  TO  PURCHASE  OR RECEIVE, A
FIREARM OR AMMUNITION.
  (2) IF THE COURT FINDS THAT THERE IS NOT CLEAR AND CONVINCING EVIDENCE
TO SUPPORT THE ISSUANCE OF A GUN VIOLENCE RESTRAINING ORDER,  THE  COURT
SHALL  DISSOLVE  ANY  TEMPORARY  EMERGENCY  OR  EX  PARTE  GUN  VIOLENCE
RESTRAINING ORDER THEN IN EFFECT.
  (C) THE GUN VIOLENCE RESTRAINING ORDER ISSUED UNDER THIS SECTION SHALL
HAVE A DURATION OF ONE YEAR, SUBJECT TO TERMINATION BY FURTHER ORDER  OF
THE COURT AT A HEARING HELD PURSUANT TO SUBDIVISION FOUR OF THIS SECTION
AND  RENEWAL  BY FURTHER ORDER OF THE COURT PURSUANT TO SUBDIVISION FIVE
OF THIS SECTION.
  4. (A) A GUN VIOLENCE RESTRAINING ORDER ISSUED PURSUANT TO THIS  CHAP-
TER SHALL INCLUDE ALL OF THE FOLLOWING:
  (1) A STATEMENT OF THE GROUNDS SUPPORTING THE ISSUANCE OF THE ORDER.
  (2) THE DATE AND TIME THE ORDER EXPIRES.

S. 4389                             8

  (3)  THE  ADDRESS  OF  THE  SUPERIOR COURT FOR THE COUNTY IN WHICH THE
RESTRAINED PARTY RESIDES.
  (4)  THE  FOLLOWING  STATEMENT:  "TO THE RESTRAINED PERSON: THIS ORDER
WILL LAST UNTIL THE DATE AND TIME NOTED ABOVE. IF YOU HAVE NOT  DONE  SO
ALREADY,  YOU MUST SURRENDER ALL FIREARMS AND AMMUNITION THAT YOU OWN OR
POSSESS IN ACCORDANCE WITH ARTICLE 12 OF THE FAMILY COURT ACT.  YOU  MAY
NOT HAVE IN YOUR CUSTODY OR CONTROL, OWN, PURCHASE, POSSESS, OR RECEIVE,
OR  ATTEMPT  TO  PURCHASE OR RECEIVE A FIREARM OR AMMUNITION, WHILE THIS
ORDER IS IN EFFECT. PURSUANT TO SECTION 1214 OF THE  FAMILY  COURT  ACT,
YOU HAVE THE RIGHT TO REQUEST ONE HEARING TO TERMINATE THIS ORDER AT ANY
TIME DURING ITS EFFECTIVE PERIOD. YOU MAY SEEK THE ADVICE OF AN ATTORNEY
AS TO ANY MATTER CONNECTED WITH THE ORDER."
  (B)  WHEN THE COURT ISSUES A GUN VIOLENCE RESTRAINING ORDER UNDER THIS
CHAPTER, THE COURT SHALL INFORM THE RESTRAINED PERSON THAT HE OR SHE  IS
ENTITLED  TO ONE HEARING TO REQUEST A TERMINATION OF THE ORDER, PURSUANT
TO SUBDIVISION FIVE OF THIS SECTION, AND SHALL  PROVIDE  THE  RESTRAINED
PERSON WITH A FORM TO REQUEST A HEARING.
  5.  (A)  A  PERSON  SUBJECT TO A GUN VIOLENCE RESTRAINING ORDER ISSUED
UNDER THIS SECTION MAY SUBMIT ONE WRITTEN REQUEST AT ANY TIME DURING THE
EFFECTIVE PERIOD OF THE ORDER FOR A HEARING TO TERMINATE THE ORDER.
  (B) IF THE COURT FINDS AFTER THE HEARING THAT THERE IS NO LONGER CLEAR
AND CONVINCING EVIDENCE TO BELIEVE: (1) THAT THE PERSON POSES A  SIGNIF-
ICANT  DANGER,  IN  THE  NEAR  FUTURE,  OF  PERSONAL  INJURY TO HIMSELF,
HERSELF, OR ANOTHER BY HAVING IN HIS OR HER CUSTODY OR CONTROL,  OWNING,
PURCHASING,  POSSESSING,  OR  RECEIVING  A  FIREARM  AS DETERMINED UNDER
SECTION TWELVE HUNDRED THIRTEEN OF THIS ARTICLE; OR
  (2) THAT A GUN VIOLENCE RESTRAINING  ORDER  IS  NECESSARY  TO  PREVENT
PERSONAL  INJURY  TO  THE  SUBJECT OF THE PETITION OR ANOTHER, THE COURT
SHALL TERMINATE THE ORDER.
  6. (A) (1) AN IMMEDIATE FAMILY MEMBER OF A RESTRAINED PERSON OR A  LAW
ENFORCEMENT  OFFICER MAY REQUEST A RENEWAL OF A GUN VIOLENCE RESTRAINING
ORDER AT ANY TIME WITHIN THE THREE MONTHS BEFORE THE EXPIRATION OF A GUN
VIOLENCE RESTRAINING ORDER.
  (2) FOR PURPOSES OF THIS SUBDIVISION, "IMMEDIATE FAMILY MEMBER"  MEANS
A PERSON RELATED BY BLOOD, MARRIAGE OR ADOPTION.
  (B)  A  COURT  MAY,  AFTER  NOTICE AND A HEARING, RENEW A GUN VIOLENCE
RESTRAINING ORDER ISSUED UNDER THIS SECTION IF THE PETITIONER PROVES, BY
CLEAR AND CONVINCING EVIDENCE, THAT THE SUBJECT OF THE PETITION POSES  A
SIGNIFICANT  DANGER,  IN THE NEAR FUTURE, OF PERSONAL INJURY TO HIMSELF,
HERSELF, OR ANOTHER BY HAVING IN HIS OR HER CUSTODY OR CONTROL,  OWNING,
PURCHASING,  POSSESSING, OR RECEIVING A FIREARM AS DETERMINED BY CONSID-
ERING THE FACTORS LISTED IN SUBDIVISION TWO OF THIS SECTION; OR  THAT  A
GUN  VIOLENCE  RESTRAINING ORDER IS NECESSARY TO PREVENT PERSONAL INJURY
TO THE SUBJECT OF THE  PETITION  OR  ANOTHER  BECAUSE  LESS  RESTRICTIVE
ALTERNATIVES  EITHER HAVE BEEN TRIED AND FOUND TO BE INEFFECTIVE, OR ARE
INADEQUATE OR INAPPROPRIATE FOR THE CIRCUMSTANCES OF THE SUBJECT OF  THE
PETITION.
  (C)  IN  DETERMINING WHETHER TO RENEW A GUN VIOLENCE RESTRAINING ORDER
ISSUED UNDER THIS SECTION, THE COURT  SHALL  CONSIDER  EVIDENCE  OF  THE
FACTS IDENTIFIED IN SUBPARAGRAPH ONE OF PARAGRAPH (B) OF SUBDIVISION TWO
OF  SECTION TWELVE HUNDRED THIRTEEN OF THIS ARTICLE AND MAY CONSIDER ANY
OTHER EVIDENCE OF AN INCREASED RISK FOR  VIOLENCE,  INCLUDING,  BUT  NOT
LIMITED  TO,  EVIDENCE  OF  THE  FACTS IDENTIFIED IN SUBPARAGRAPH TWO OF
PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION TWELVE HUNDRED  THIRTEEN  OF
THIS ARTICLE.

S. 4389                             9

  (D)  AT  THE HEARING, THE PETITIONER SHALL HAVE THE BURDEN OF PROVING,
BY CLEAR AND CONVINCING EVIDENCE, THAT THE SUBJECT OF THE PETITION POSES
A SIGNIFICANT DANGER, IN THE NEAR FUTURE, OF PERSONAL INJURY TO HIMSELF,
HERSELF, OR ANOTHER BY HAVING IN HIS OR HER CUSTODY OR CONTROL,  OWNING,
PURCHASING,  POSSESSING, OR RECEIVING A FIREARM AS DETERMINED BY CONSID-
ERING THE FACTORS LISTED IN SUBDIVISION TWO OF THIS SECTION; OR  THAT  A
GUN  VIOLENCE  RESTRAINING ORDER IS NECESSARY TO PREVENT PERSONAL INJURY
TO THE SUBJECT OF THE  PETITION  OR  ANOTHER  BECAUSE  LESS  RESTRICTIVE
ALTERNATIVES  EITHER HAVE BEEN TRIED AND FOUND TO BE INEFFECTIVE, OR ARE
INADEQUATE OR INAPPROPRIATE FOR THE CIRCUMSTANCES OF THE SUBJECT OF  THE
PETITION.
  (E)  IF  THE  RENEWAL  PETITION  IS  SUPPORTED BY CLEAR AND CONVINCING
EVIDENCE, THE COURT SHALL  RENEW  THE  GUN  VIOLENCE  RESTRAINING  ORDER
ISSUED UNDER THIS SECTION.
  (F) THE RENEWAL OF A GUN VIOLENCE RESTRAINING ORDER ISSUED PURSUANT TO
THIS  SECTION  SHALL HAVE A DURATION OF ONE YEAR, SUBJECT TO TERMINATION
BY FURTHER ORDER OF THE COURT AT A HEARING HELD PURSUANT TO  SUBDIVISION
FIVE  OF  THIS SECTION AND FURTHER RENEWAL BY FURTHER ORDER OF THE COURT
PURSUANT TO THIS SUBDIVISION.
  (G) A GUN VIOLENCE RESTRAINING ORDER RENEWED PURSUANT TO THIS  SECTION
SHALL INCLUDE THE FOLLOWING INFORMATION:
  (1) A STATEMENT OF THE GROUNDS SUPPORTING THE ISSUANCE OF THE ORDER.
  (2) THE DATE AND TIME THE ORDER EXPIRES.
  (3) THE ADDRESS OF THE SUPERIOR COURT IN WHICH ANY RESPONSIVE PLEADING
SHOULD BE FILED.
  (4) THE DATE AND TIME OF THE SCHEDULED HEARING.
  (5)  THE FOLLOWING STATEMENT: "TO THE RESTRAINED PERSON: THIS ORDER IS
VALID UNTIL THE EXPIRATION DATE AND TIME NOTED ABOVE. YOU  ARE  REQUIRED
TO  SURRENDER  ALL  FIREARMS  AND  AMMUNITION THAT YOU OWN OR POSSESS IN
ACCORDANCE WITH ARTICLE 12 OF THE FAMILY COURT ACT AND YOU MAY NOT  HAVE
IN  YOUR  CUSTODY  OR  CONTROL,  OWN,  PURCHASE, POSSESS, OR RECEIVE, OR
ATTEMPT TO PURCHASE OR RECEIVE A FIREARM OR AMMUNITION, WHILE THIS ORDER
IS IN EFFECT. A HEARING WILL BE HELD ON THE DATE AND AT THE  TIME  NOTED
ABOVE  TO  DETERMINE  IF A MORE PERMANENT GUN VIOLENCE RESTRAINING ORDER
SHOULD BE ISSUED.  FAILURE TO APPEAR AT THAT HEARING  MAY  RESULT  IN  A
COURT MAKING AN ORDER AGAINST YOU THAT IS VALID FOR A YEAR. YOU MAY SEEK
THE ADVICE OF AN ATTORNEY AS TO ANY MATTER CONNECTED WITH THE ORDER. THE
ATTORNEY  SHOULD  BE  CONSULTED PROMPTLY SO THAT THE ATTORNEY MAY ASSIST
YOU IN ANY MATTER CONNECTED WITH THE ORDER."
  7. ANY HEARING HELD PURSUANT TO THIS SECTION MAY BE CONTINUED  UPON  A
SHOWING  OF  GOOD  CAUSE.    ANY  EXISTING ORDER ISSUED PURSUANT TO THIS
SUBDIVISION SHALL REMAIN IN FULL FORCE AND EFFECT DURING THE  PERIOD  OF
CONTINUANCE.
  8.  IF  A PERSON SUBJECT TO A GUN VIOLENCE RESTRAINING ORDER ISSUED OR
RENEWED PURSUANT TO THIS SECTION WAS NOT PRESENT IN COURT  AT  THE  TIME
THE  ORDER  WAS  ISSUED  OR  RENEWED, THE GUN VIOLENCE RESTRAINING ORDER
SHALL BE PERSONALLY SERVED ON THE RESTRAINED PERSON BY A LAW ENFORCEMENT
OFFICER OR ANY PERSON WHO IS AT LEAST EIGHTEEN YEARS OF AGE  AND  NOT  A
PARTY TO THE ACTION, IF THE RESTRAINED PERSON CAN REASONABLY BE LOCATED.
  S 1215. OFFENSES. 1. EVERY PERSON WHO FILES A PETITION FOR AN EX PARTE
GUN  VIOLENCE RESTRAINING ORDER PURSUANT TO SECTION TWELVE HUNDRED THIR-
TEEN OF THIS ARTICLE, OR A GUN VIOLENCE RESTRAINING ORDER  ISSUED  AFTER
NOTICE AND A HEARING PURSUANT TO SECTION TWELVE HUNDRED FOURTEEN OF THIS
ARTICLE, KNOWING THE INFORMATION IN THE PETITION TO BE FALSE OR WITH THE
INTENT TO HARASS, IS GUILTY OF A MISDEMEANOR.

S. 4389                            10

  2.  EVERY  PERSON  WHO  OWNS OR POSSESSES A FIREARM OR AMMUNITION WITH
KNOWLEDGE THAT HE OR SHE IS PROHIBITED FROM  DOING  SO  BY  A  TEMPORARY
EMERGENCY  GUN  VIOLENCE  RESTRAINING  ORDER  ISSUED PURSUANT TO SECTION
TWELVE HUNDRED  TWELVE  OF  THIS  ARTICLE,  AN  EX  PARTE  GUN  VIOLENCE
RESTRAINING  ORDER ISSUED PURSUANT TO SECTION TWELVE HUNDRED THIRTEEN OF
THIS ARTICLE, OR A GUN VIOLENCE RESTRAINING ORDER  ISSUED  AFTER  NOTICE
AND A HEARING ISSUED PURSUANT TO SECTION TWELVE HUNDRED FOURTEEN OF THIS
ARTICLE,  IS GUILTY OF A MISDEMEANOR AND SHALL BE PROHIBITED FROM HAVING
IN HIS OR HER CUSTODY OR CONTROL,  OWNING,  PURCHASING,  POSSESSING,  OR
RECEIVING, OR ATTEMPTING TO PURCHASE OR RECEIVE, A FIREARM OR AMMUNITION
FOR  A FIVE-YEAR PERIOD, TO COMMENCE UPON THE EXPIRATION OF THE EXISTING
GUN VIOLENCE RESTRAINING ORDER.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

co-Sponsors

2015-S4389A (ACTIVE) - Details

See Assembly Version of this Bill:: A4277
Current Committee:: Senate Judiciary
Law Section:: Family Court Act
Laws Affected:: Ren Art 12 §1211 to be Art 13 §1311, add Art 12 §§1211 - 1215, Fam Ct Act
Versions Introduced in 2017-2018 Legislative Session:: S4824, A3661

2015-S4389A (ACTIVE) - Summary

2015-S4389A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4389A

 TITLE OF BILL :  An act to amend the family court act, in relation to
gun violence restraining orders

 PURPOSE :

This legislation would permit family members and law enforcement
officials to seek a gun violence restraining order against an
individual perceived to pose a certain level of threat to others and
to themselves by having under his or her custody and control, owning,
purchasing, possessing, or receiving a firearm and/or ammunition.

 SUMMARY OF PROVISIONS :

Section 1. Article 12 of the family court act is renumbered to article
13, section 1211 is renumbered section 1311 and a new article 12 is
added to include: Section 1212 specifies the process to which a
temporary emergency gun violence restraining order is issued as well
as its requirements including a statement of grounds, the date and
time the order expires, and the address of the superior court for the
county in which the restrained party resides.

Section 1213 provides the process for the issuance of an ex parte gun
violence restraining order by a court when the subject of the petition
poses a significant danger, in the near future, of personal injury to

himself, herself or another by having his or her custody or control
firearms and/or alternatives have been tried and found ineffective.

Section 1214 describes the issuance of gun violence restraining orders
issued after notice and the hearing where the petitioner has the
burden of proving by clear and convincing evidence that both the
subject of the petition pose a significant danger to himself, herself,
or another by having in his or her possession firearms or ammunition,
and that less restrictive alternatives have been tried and were
inadequate or inappropriate for the circumstance.

Section 1215 concludes that every person who files for a petition
knowing the information in the petition to be false or with the intent
to harass is guilty of a misdemeanor. Additionally, every person who
owns or possesses a firearm or ammunition with knowledge that he or
she is prohibited from doing so pursuant to sections 1212, 1213, 1214
of this article is guilty of a misdemeanor and prohibited from having
in his or her custody or control a firearm or ammunition for a five
year period, to commence upon the expiration of the existing gun
violence restraining order.

 JUSTIFICATION :

Tragic incidents of gun violence have become shockingly prevalent in
recent years. Mass shootings in schools, movie theaters, and other
public places have attracted national attention and prompted
legislators, seeking preventative measures, to alter state, and
national firearms laws.

This law gives immediate family members the right to petition the
court to issue a gun violence restraining order against an immediate
family member once the petitioner is able to prove that alternative
actions have been tried and failed and that the petitioned family
member's behavior poses a threat to himself, herself, or others by
having under his or her custody and control, owning, purchasing,
possessing, or receiving a firearm and/or ammunition. Before the
issuance of a gun violence restraining order the court will examine
the evidence provided through witness oaths, petitioner affidavits,
and possible patterns of violent acts or violent threats within the
past 12 months, in order to effectively issue a gun violence
restraining order that would be in effect for one year. This
legislation will be an effective mechanism to further prevent violent
gun related acts from being committed.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect on the one hundred twentieth day after it
shall have become law.

2015-S4389A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4389--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 18, 2015
                               ___________

Introduced  by Sens. HOYLMAN, COMRIE, HAMILTON -- read twice and ordered
  printed, and when printed to be committed to the Committee on  Judici-
  ary  --  recommitted  to the Committee on Judiciary in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  family  court  act, in relation to gun violence
  restraining orders

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Article  12 of the family court act is renumbered article
13, section 1211 is renumbered section 1311 and  a  new  article  12  is
added to read as follows:
                               ARTICLE 12
                     GUN VIOLENCE RESTRAINING ORDER

SECTION 1211. GENERAL.
        1212. TEMPORARY EMERGENCY GUN VIOLENCE RESTRAINING ORDER.
        1213. EX PARTE GUN VIOLENCE RESTRAINING ORDER.
        1214. GUN  VIOLENCE  RESTRAINING  ORDER  ISSUED AFTER NOTICE AND
                HEARING.
        1215. OFFENSES.
  S 1211. GENERAL. 1. A GUN VIOLENCE RESTRAINING ORDER IS AN  ORDER,  IN
WRITING,  SIGNED  BY THE COURT, PROHIBITING AND ENJOINING A NAMED PERSON
FROM HAVING IN HIS  OR  HER  CUSTODY  OR  CONTROL,  OWNING,  PURCHASING,
POSSESSING, OR RECEIVING ANY FIREARMS OR AMMUNITION. THIS ARTICLE ESTAB-
LISHES A CIVIL RESTRAINING ORDER PROCESS TO ACCOMPLISH THAT PURPOSE.
  2.  THE OFFICE OF COURT ADMINISTRATION SHALL PRESCRIBE THE FORM OF THE
PETITIONS AND ORDERS AND ANY OTHER DOCUMENTS, AND SHALL  PROMULGATE  ANY
RULES OF COURT, NECESSARY TO IMPLEMENT THIS ARTICLE.
  3.  A PETITION FOR A GUN VIOLENCE RESTRAINING ORDER SHALL DESCRIBE THE
NUMBER, TYPES, AND LOCATIONS OF ANY FIREARMS  AND  AMMUNITION  PRESENTLY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04326-03-6

S. 4389--A                          2

BELIEVED  BY THE PETITIONER TO BE POSSESSED OR CONTROLLED BY THE SUBJECT
OF THE PETITION.
  4.  NOTHING  IN  THIS  ARTICLE  SHALL  BE INTERPRETED TO REQUIRE A LAW
ENFORCEMENT AGENCY OR A LAW ENFORCEMENT OFFICER TO SEEK A  GUN  VIOLENCE
RESTRAINING  ORDER IN ANY CASE, INCLUDING, BUT NOT LIMITED TO, IN A CASE
IN WHICH THE AGENCY OR OFFICER CONCLUDES, AFTER INVESTIGATION, THAT  THE
CRITERIA FOR ISSUANCE OF A GUN VIOLENCE RESTRAINING ORDER ARE NOT SATIS-
FIED.
  5.  PRIOR  TO A HEARING ON THE ISSUANCE, RENEWAL, OR TERMINATION OF AN
ORDER UNDER SECTION TWELVE HUNDRED THIRTEEN OR TWELVE  HUNDRED  FOURTEEN
OF  THIS  ARTICLE  THE  COURT  SHALL  ENSURE  THAT  A  SEARCH WARRANT IS
CONDUCTED AND SHALL KEEP INFORMATION OBTAINED FROM  A  SEARCH  CONDUCTED
PURSUANT TO THIS SECTION CONFIDENTIAL.
  6.  (A)  THE  COURT  SHALL  NOTIFY  THE  DIVISION  OF CRIMINAL JUSTICE
SERVICES WHEN A GUN  VIOLENCE  RESTRAINING  ORDER  HAS  BEEN  ISSUED  OR
RENEWED  UNDER THIS ARTICLE NO LATER THAN ONE COURT DAY AFTER ISSUING OR
RENEWING THE ORDER.
  (B) THE COURT SHALL NOTIFY THE DIVISION OF CRIMINAL  JUSTICE  SERVICES
WHEN  A  GUN VIOLENCE RESTRAINING ORDER HAS BEEN DISSOLVED OR TERMINATED
UNDER THIS ARTICLE NO LATER THAN FIVE COURT  DAYS  AFTER  DISSOLVING  OR
TERMINATING THE ORDER. UPON RECEIPT OF EITHER A NOTICE OF DISSOLUTION OR
A  NOTICE  OF TERMINATION OF A GUN VIOLENCE RESTRAINING ORDER, THE DIVI-
SION OF CRIMINAL JUSTICE SERVICES SHALL, WITHIN FIFTEEN  DAYS,  DOCUMENT
THE UPDATED STATUS OF ANY ORDER ISSUED UNDER THIS ARTICLE.
  (C)  THE  NOTICES REQUIRED TO BE SUBMITTED TO THE DIVISION OF CRIMINAL
JUSTICE SERVICES PURSUANT TO THIS SECTION SHALL BE SUBMITTED IN AN ELEC-
TRONIC FORMAT, IN A MANNER PRESCRIBED BY THE DIVISION.
  (D) WHEN NOTIFYING THE DIVISION OF CRIMINAL JUSTICE SERVICES  PURSUANT
TO PARAGRAPH (A) OR (B) OF THIS SUBDIVISION, THE COURT SHALL INDICATE IN
THE  NOTICE  WHETHER  THE PERSON SUBJECT TO THE GUN VIOLENCE RESTRAINING
ORDER WAS PRESENT IN COURT TO BE INFORMED OF THE CONTENTS OF  THE  ORDER
OR  IF THE PERSON FAILED TO APPEAR. THE PERSON'S PRESENCE IN COURT SHALL
CONSTITUTE PROOF OF SERVICE OF NOTICE OF THE TERMS OF THE ORDER.
  (E) (1) WITHIN ONE BUSINESS DAY OF SERVICE, A LAW ENFORCEMENT  OFFICER
WHO  SERVED  A  GUN VIOLENCE RESTRAINING ORDER SHALL SUBMIT THE PROOF OF
SERVICE DIRECTLY INTO THE DATABASE ESTABLISHED UNDER SECTION TWO HUNDRED
TWENTY-ONE-A OF THE EXECUTIVE LAW, INCLUDING HIS OR  HER  NAME  AND  LAW
ENFORCEMENT  AGENCY,  AND  SHALL  TRANSMIT THE ORIGINAL PROOF OF SERVICE
FORM TO THE ISSUING COURT.
  (2) WITHIN ONE BUSINESS DAY OF RECEIPT OF PROOF OF SERVICE BY A PERSON
OTHER THAN A LAW ENFORCEMENT OFFICER,  THE  CLERK  OF  THE  COURT  SHALL
SUBMIT THE PROOF OF SERVICE OF A GUN VIOLENCE RESTRAINING ORDER DIRECTLY
INTO  THE DATABASE ESTABLISHED UNDER SECTION TWO HUNDRED TWENTY-ONE-A OF
THE EXECUTIVE LAW, INCLUDING THE NAME  OF  THE  PERSON  WHO  SERVED  THE
ORDER.  IF THE COURT IS UNABLE TO PROVIDE THIS NOTIFICATION TO THE DIVI-
SION OF CRIMINAL JUSTICE SERVICES BY ELECTRONIC TRANSMISSION, THE  COURT
SHALL,  WITHIN ONE BUSINESS DAY OF RECEIPT, TRANSMIT A COPY OF THE PROOF
OF SERVICE TO A LOCAL LAW ENFORCEMENT AGENCY. THE LOCAL LAW  ENFORCEMENT
AGENCY  SHALL  SUBMIT  THE  PROOF  OF SERVICE DIRECTLY INTO THE REGISTRY
ESTABLISHED UNDER SECTION TWO HUNDRED TWENTY-ONE-A OF THE EXECUTIVE  LAW
WITHIN ONE BUSINESS DAY OF RECEIPT FROM THE COURT.
  7.  (A)  A  PERSON  SUBJECT TO A GUN VIOLENCE RESTRAINING ORDER ISSUED
PURSUANT TO THIS ARTICLE SHALL  NOT  HAVE  IN  HIS  OR  HER  CUSTODY  OR
CONTROL,  OWN,  PURCHASE, POSSESS, OR RECEIVE ANY FIREARMS OR AMMUNITION
WHILE THAT ORDER IS IN EFFECT.

S. 4389--A                          3

  (B) (1) UPON ISSUANCE OF  A  GUN  VIOLENCE  RESTRAINING  ORDER  ISSUED
PURSUANT TO THIS ARTICLE, THE COURT SHALL ORDER THE RESTRAINED PERSON TO
SURRENDER  TO  THE LOCAL LAW ENFORCEMENT AGENCY ALL FIREARMS AND AMMUNI-
TION IN THE  RESTRAINED  PERSON'S  CUSTODY  OR  CONTROL,  OR  WHICH  THE
RESTRAINED PERSON POSSESSES OR OWNS.
  (2)  THE  SURRENDER ORDERED PURSUANT TO SUBPARAGRAPH ONE OF THIS PARA-
GRAPH SHALL OCCUR BY IMMEDIATELY SURRENDERING ALL FIREARMS  AND  AMMUNI-
TION  IN  A SAFE MANNER, UPON REQUEST OF ANY LAW ENFORCEMENT OFFICER, TO
THE CONTROL OF THE OFFICER, AFTER  BEING  SERVED  WITH  THE  RESTRAINING
ORDER.  A  LAW  ENFORCEMENT  OFFICER  SERVING A GUN VIOLENCE RESTRAINING
ORDER THAT INDICATES THAT THE RESTRAINED PERSON POSSESSES  ANY  FIREARMS
OR  AMMUNITION  SHALL  REQUEST THAT ALL FIREARMS AND AMMUNITION BE IMME-
DIATELY SURRENDERED. ALTERNATIVELY, IF NO  REQUEST  IS  MADE  BY  A  LAW
ENFORCEMENT  OFFICER, THE SURRENDER SHALL OCCUR WITHIN TWENTY-FOUR HOURS
OF BEING SERVED WITH THE ORDER, BY EITHER SURRENDERING ALL FIREARMS  AND
AMMUNITION  IN A SAFE MANNER TO THE CONTROL OF THE LOCAL LAW ENFORCEMENT
AGENCY, OR BY SELLING ALL FIREARMS AND  AMMUNITION  TO  A  LICENSED  GUN
DEALER.  THE  LAW  ENFORCEMENT  OFFICER  OR  LICENSED  GUN DEALER TAKING
POSSESSION OF ANY FIREARMS OR AMMUNITION PURSUANT  TO  THIS  SUBDIVISION
SHALL ISSUE A RECEIPT TO THE PERSON SURRENDERING THE FIREARM OR FIREARMS
OR  AMMUNITION  OR  BOTH  AT  THE TIME OF SURRENDER. A PERSON ORDERED TO
SURRENDER ALL FIREARMS  AND  AMMUNITION  PURSUANT  TO  THIS  SUBDIVISION
SHALL,  WITHIN  FORTY-EIGHT  HOURS AFTER BEING SERVED WITH THE ORDER, DO
BOTH OF THE FOLLOWING:
  (A) FILE WITH THE COURT THAT ISSUED THE GUN VIOLENCE RESTRAINING ORDER
THE ORIGINAL RECEIPT SHOWING  ALL  FIREARMS  AND  AMMUNITION  HAVE  BEEN
SURRENDERED  TO A LOCAL LAW ENFORCEMENT AGENCY OR SOLD TO A LICENSED GUN
DEALER. FAILURE TO TIMELY FILE A RECEIPT SHALL CONSTITUTE A VIOLATION OF
THE RESTRAINING ORDER.
  (B) FILE A COPY OF THE RECEIPT DESCRIBED IN CLAUSE (A) OF THIS SUBPAR-
AGRAPH WITH THE LAW ENFORCEMENT AGENCY  THAT  SERVED  THE  GUN  VIOLENCE
RESTRAINING  ORDER.   FAILURE TO TIMELY FILE A COPY OF THE RECEIPT SHALL
CONSTITUTE A VIOLATION OF THE RESTRAINING ORDER.
  (C) (1) ANY FIREARMS OR AMMUNITION SURRENDERED TO  A  LAW  ENFORCEMENT
OFFICER  OR  LAW  ENFORCEMENT  AGENCY  PURSUANT TO THIS SECTION SHALL BE
RETAINED BY THE LAW ENFORCEMENT AGENCY UNTIL THE EXPIRATION OF  ANY  GUN
VIOLENCE  RESTRAINING  ORDER THAT HAS BEEN ISSUED AGAINST THE RESTRAINED
PERSON.  UPON EXPIRATION OF ANY ORDER, ANY FIREARMS OR AMMUNITION  SHALL
BE RETURNED TO THE RESTRAINED PERSON.
  (2)  A  RESTRAINED PERSON WHO OWNS ANY FIREARMS OR AMMUNITION THAT ARE
IN THE CUSTODY OF A LAW ENFORCEMENT AGENCY PURSUANT TO THIS SECTION  AND
WHO DOES NOT WISH TO HAVE THE FIREARM OR FIREARMS OR AMMUNITION RETURNED
IS ENTITLED TO SELL OR TRANSFER TITLE OF ANY FIREARMS OR AMMUNITION TO A
LICENSED  DEALER PROVIDED THAT THE FIREARM OR FIREARMS OR AMMUNITION ARE
OTHERWISE LEGAL TO OWN OR POSSESS AND THE  RESTRAINED  PERSON  OTHERWISE
HAS RIGHT TO TITLE OF THE FIREARM OR FIREARMS OR AMMUNITION.
  (D)  IF  A PERSON OTHER THAN THE RESTRAINED PERSON CLAIMS TITLE TO ANY
FIREARMS OR AMMUNITION SURRENDERED PURSUANT TO THIS SECTION, AND  HE  OR
SHE  IS  DETERMINED BY THE LAW ENFORCEMENT AGENCY TO BE THE LAWFUL OWNER
OF THE FIREARM OR FIREARMS OR AMMUNITION, THE  FIREARM  OR  FIREARMS  OR
AMMUNITION SHALL BE RETURNED TO HIM OR HER.
  S  1212.  TEMPORARY  EMERGENCY  GUN VIOLENCE RESTRAINING ORDER. 1.   A
TEMPORARY EMERGENCY GUN VIOLENCE RESTRAINING ORDER MAY BE ISSUED  ON  AN
EX PARTE BASIS ONLY IF A LAW ENFORCEMENT OFFICER ASSERTS, AND A JUDICIAL
OFFICER  FINDS,  THAT  THERE  IS REASONABLE CAUSE TO BELIEVE BOTH OF THE
FOLLOWING:

S. 4389--A                          4

  (A) THE SUBJECT OF THE PETITION POSES AN IMMEDIATE AND PRESENT  DANGER
OF  CAUSING PERSONAL INJURY TO HIMSELF, HERSELF, OR ANOTHER BY HAVING IN
HIS OR HER  CUSTODY  OR  CONTROL,  OWNING,  PURCHASING,  POSSESSING,  OR
RECEIVING A FIREARM; AND
  (B)  A TEMPORARY EMERGENCY GUN VIOLENCE RESTRAINING ORDER IS NECESSARY
TO PREVENT PERSONAL INJURY TO THE SUBJECT OF  THE  PETITION  OR  ANOTHER
BECAUSE  LESS  RESTRICTIVE ALTERNATIVES EITHER HAVE BEEN TRIED AND FOUND
TO BE INEFFECTIVE, OR HAVE BEEN DETERMINED TO BE INADEQUATE OR  INAPPRO-
PRIATE FOR THE CIRCUMSTANCES OF THE SUBJECT OF THE PETITION.
  2.  A TEMPORARY EMERGENCY GUN VIOLENCE RESTRAINING ORDER ISSUED PURSU-
ANT TO THIS SECTION SHALL PROHIBIT THE  SUBJECT  OF  THE  PETITION  FROM
HAVING IN HIS OR HER CUSTODY OR CONTROL, OWNING, PURCHASING, POSSESSING,
OR RECEIVING, OR ATTEMPTING TO PURCHASE OR RECEIVE, A FIREARM OR AMMUNI-
TION,  AND  SHALL  EXPIRE  TWENTY-ONE  DAYS  FROM  THE DATE THE ORDER IS
ISSUED.
  3. A TEMPORARY EMERGENCY GUN VIOLENCE RESTRAINING ORDER IS VALID  ONLY
IF IT IS ISSUED BY A JUDICIAL OFFICER AFTER MAKING THE FINDINGS REQUIRED
BY SUBDIVISION ONE OF THIS SECTION AND PURSUANT TO A SPECIFIC REQUEST BY
A LAW ENFORCEMENT OFFICER.
  4.  A  TEMPORARY EMERGENCY GUN VIOLENCE RESTRAINING ORDER ISSUED UNDER
THIS SECTION SHALL INCLUDE ALL OF THE FOLLOWING:
  (A) A STATEMENT OF THE GROUNDS SUPPORTING THE ISSUANCE OF THE ORDER.
  (B) THE DATE AND TIME THE ORDER EXPIRES.
  (C) THE ADDRESS OF THE SUPERIOR COURT FOR  THE  COUNTY  IN  WHICH  THE
RESTRAINED PARTY RESIDES; AND
  (D)  THE  FOLLOWING  STATEMENT:  "TO THE RESTRAINED PERSON: THIS ORDER
WILL LAST UNTIL THE DATE AND TIME  NOTED  ABOVE.  YOU  ARE  REQUIRED  TO
SURRENDER ALL FIREARMS AND AMMUNITION THAT YOU OWN OR POSSESS IN ACCORD-
ANCE  WITH  ARTICLE  12  OF THE FAMILY COURT ACT AND YOU MAY NOT HAVE IN
YOUR CUSTODY OR CONTROL, OWN, PURCHASE, POSSESS, OR RECEIVE, OR  ATTEMPT
TO  PURCHASE  OR RECEIVE A FIREARM OR AMMUNITION, WHILE THIS ORDER IS IN
EFFECT. HOWEVER, A MORE PERMANENT GUN VIOLENCE RESTRAINING ORDER MAY  BE
OBTAINED  FROM  THE  COURT. YOU MAY SEEK THE ADVICE OF AN ATTORNEY AS TO
ANY MATTER CONNECTED WITH THE ORDER. THE ATTORNEY  SHOULD  BE  CONSULTED
PROMPTLY  SO  THAT  THE  ATTORNEY MAY ASSIST YOU IN ANY MATTER CONNECTED
WITH THE ORDER."
  5. A LAW ENFORCEMENT OFFICER WHO REQUESTS A  TEMPORARY  EMERGENCY  GUN
VIOLENCE RESTRAINING ORDER SHALL DO ALL OF THE FOLLOWING:
  (A)  IF  THE  ORDER  IS  OBTAINED ORALLY, MEMORIALIZE THE ORDER OF THE
COURT ON THE FORM APPROVED BY THE OFFICE OF COURT ADMINISTRATION;
  (B) SERVE THE ORDER ON THE RESTRAINED PERSON, IF THE RESTRAINED PERSON
CAN REASONABLY BE LOCATED;
  (C) FILE A COPY OF THE ORDER WITH THE COURT  AS  SOON  AS  PRACTICABLE
AFTER ISSUANCE;
  (D)  HAVE  THE  ORDER  ENTERED  INTO  THE COMPUTER DATABASE SYSTEM FOR
PROTECTIVE  ORDERS  MAINTAINED  BY  THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES.
  6.  (A)  (1) EXCEPT AS PROVIDED IN SUBPARAGRAPH TWO OF THIS PARAGRAPH,
THE PETITION FOR A TEMPORARY EMERGENCY GUN  VIOLENCE  RESTRAINING  ORDER
SHALL BE OBTAINED BY SUBMITTING A WRITTEN PETITION TO THE COURT.
  (2)  IF TIME AND CIRCUMSTANCES DO NOT PERMIT THE SUBMISSION OF A WRIT-
TEN PETITION, A TEMPORARY EMERGENCY GUN VIOLENCE RESTRAINING  ORDER  MAY
BE ISSUED IN ACCORDANCE WITH THE PROCEDURES FOR OBTAINING AN ORAL SEARCH
WARRANT.
  (B)  THE  PRESIDING  JUDGE  OF  THE SUPREME COURT OF EACH COUNTY SHALL
DESIGNATE AT LEAST ONE JUDGE, COMMISSIONER,  OR  REFEREE  WHO  SHALL  BE

S. 4389--A                          5

REASONABLY AVAILABLE TO ISSUE TEMPORARY EMERGENCY GUN VIOLENCE RESTRAIN-
ING ORDERS WHEN THE FAMILY COURT IS NOT IN SESSION.
  S  1213.  EX  PARTE  GUN  VIOLENCE  RESTRAINING ORDER. 1. (A) A FAMILY
MEMBER OF A PERSON OR A LAW ENFORCEMENT  OFFICER  MAY  FILE  A  PETITION
REQUESTING  THAT  THE  COURT  ISSUE AN EX PARTE GUN VIOLENCE RESTRAINING
ORDER ENJOINING THE SUBJECT OF THE PETITION FROM HAVING IN  HIS  OR  HER
CUSTODY  OR  CONTROL,  OWNING,  PURCHASING,  POSSESSING,  OR RECEIVING A
FIREARM OR AMMUNITION.
  (B) FOR THE PURPOSES OF THIS SECTION, "FAMILY  MEMBER"  SHALL  MEAN  A
MEMBER  OF  THE  SAME  FAMILY  OR  HOUSEHOLD AS DEFINED IN SECTION EIGHT
HUNDRED TWELVE OF THIS CHAPTER.
  (C) A COURT MAY ISSUE AN EX PARTE GUN VIOLENCE  RESTRAINING  ORDER  IF
THE  PETITION,  SUPPORTED  BY AN AFFIDAVIT MADE IN WRITING AND SIGNED BY
THE PETITIONER UNDER OATH, OR AN ORAL STATEMENT TAKEN PURSUANT TO SUBDI-
VISION TWO OF THIS SECTION AND ANY ADDITIONAL  INFORMATION  PROVIDED  TO
THE  COURT SHOWS THAT THERE IS A SUBSTANTIAL LIKELIHOOD THAT BOTH OF THE
FOLLOWING ARE TRUE:
  (1) THE SUBJECT OF THE PETITION POSES A  SIGNIFICANT  DANGER,  IN  THE
NEAR  FUTURE,  OF  PERSONAL  INJURY  TO  HIMSELF, HERSELF, OR ANOTHER BY
HAVING IN HIS OR HER CUSTODY OR CONTROL, OWNING, PURCHASING, POSSESSING,
OR RECEIVING A FIREARM AS DETERMINED BY CONSIDERING THE  FACTORS  LISTED
IN SUBDIVISION TWO OF THIS SECTION.
  (2) AN EX PARTE GUN VIOLENCE RESTRAINING ORDER IS NECESSARY TO PREVENT
PERSONAL  INJURY  TO THE SUBJECT OF THE PETITION OR ANOTHER BECAUSE LESS
RESTRICTIVE ALTERNATIVES EITHER HAVE BEEN TRIED AND FOUND TO BE INEFFEC-
TIVE, OR ARE INADEQUATE OR INAPPROPRIATE FOR THE  CIRCUMSTANCES  OF  THE
SUBJECT OF THE PETITION.
  (D) AN AFFIDAVIT SUPPORTING A PETITION FOR THE ISSUANCE OF AN EX PARTE
GUN  VIOLENCE  RESTRAINING  ORDER  SHALL  SET FORTH THE FACTS TENDING TO
ESTABLISH THE GROUNDS OF THE PETITION, OR THE REASON FOR BELIEVING  THAT
THEY EXIST.
  (E)  AN EX PARTE ORDER UNDER THIS SECTION SHALL BE ISSUED OR DENIED ON
THE SAME DAY THAT THE PETITION IS SUBMITTED TO  THE  COURT,  UNLESS  THE
PETITION  IS  FILED  TOO  LATE IN THE DAY TO PERMIT EFFECTIVE REVIEW, IN
WHICH CASE THE ORDER SHALL BE ISSUED OR DENIED ON THE NEXT DAY OF  JUDI-
CIAL BUSINESS IN SUFFICIENT TIME FOR THE ORDER TO BE FILED THAT DAY WITH
THE CLERK OF THE COURT.
  2.  (A)  (1)  THE  COURT,  BEFORE  ISSUING  AN  EX  PARTE GUN VIOLENCE
RESTRAINING ORDER, SHALL EXAMINE ON OATH, THE PETITIONER AND ANY WITNESS
THE PETITIONER MAY PRODUCE.
  (2) IN LIEU OF EXAMINING THE PETITIONER AND ANY WITNESS THE PETITIONER
MAY PRODUCE, THE COURT MAY REQUIRE THE PETITIONER  AND  ANY  WITNESS  TO
SUBMIT A WRITTEN AFFIDAVIT SIGNED UNDER OATH.
  (B)  (1) IN DETERMINING WHETHER GROUNDS FOR A GUN VIOLENCE RESTRAINING
ORDER EXIST, THE COURT SHALL CONSIDER ALL EVIDENCE OF THE FOLLOWING:
  (A) A RECENT THREAT OF VIOLENCE OR ACT OF VIOLENCE BY THE  SUBJECT  OF
THE PETITION DIRECTED TOWARD ANOTHER.
  (B)  A  RECENT THREAT OF VIOLENCE OR ACT OF VIOLENCE BY THE SUBJECT OF
THE PETITION DIRECTED TOWARD HIMSELF OR HERSELF.
  (C) A VIOLATION OF AN EMERGENCY ORDER OF PROTECTION THAT IS IN  EFFECT
AT THE TIME THE COURT IS CONSIDERING THE PETITION.
  (D) A RECENT VIOLATION OF AN UNEXPIRED ORDER OF PROTECTION.
  (E)  A  PATTERN  OF  VIOLENT  ACTS  OR VIOLENT THREATS WITHIN THE PAST
TWELVE MONTHS, INCLUDING, BUT NOT LIMITED TO,  THREATS  OF  VIOLENCE  OR
ACTS OF VIOLENCE BY THE SUBJECT OF THE PETITION DIRECTED TOWARD HIMSELF,
HERSELF, OR ANOTHER.

S. 4389--A                          6

  (2)  IN  DETERMINING  WHETHER  GROUNDS  FOR A GUN VIOLENCE RESTRAINING
ORDER EXIST, THE COURT MAY CONSIDER ANY OTHER EVIDENCE OF  AN  INCREASED
RISK FOR VIOLENCE, INCLUDING, BUT NOT LIMITED TO, EVIDENCE OF ANY OF THE
FOLLOWING:
  (A)  THE  UNLAWFUL  AND  RECKLESS  USE,  DISPLAY,  OR BRANDISHING OF A
FIREARM BY THE SUBJECT OF THE PETITION.
  (B) THE HISTORY OF USE, ATTEMPTED USE, OR THREATENED USE  OF  PHYSICAL
FORCE BY THE SUBJECT OF THE PETITION AGAINST ANOTHER PERSON.
  (C)  ANY  PRIOR  ARREST  OF  THE  SUBJECT OF THE PETITION FOR A FELONY
OFFENSE.
  (D) ANY HISTORY OF A VIOLATION BY THE SUBJECT OF THE  PETITION  OF  AN
EMERGENCY ORDER OF PROTECTION.
  (E)  ANY  HISTORY  OF A VIOLATION BY THE SUBJECT OF THE PETITION OF AN
ORDER OF PROTECTION.
  (F) DOCUMENTARY  EVIDENCE,  INCLUDING,  BUT  NOT  LIMITED  TO,  POLICE
REPORTS  AND  RECORDS OF CONVICTIONS, OF EITHER RECENT CRIMINAL OFFENSES
BY THE SUBJECT OF THE PETITION THAT  INVOLVE  CONTROLLED  SUBSTANCES  OR
ALCOHOL  OR  ONGOING  ABUSE  OF  CONTROLLED SUBSTANCES OR ALCOHOL BY THE
SUBJECT OF THE PETITION.
  (G) EVIDENCE OF RECENT ACQUISITION OF FIREARMS, AMMUNITION,  OR  OTHER
DEADLY WEAPONS.
  (3)  FOR  THE PURPOSES OF THIS SUBDIVISION, "RECENT" SHALL MEAN WITHIN
THE SIX MONTHS PRIOR TO THE DATE THE PETITION WAS FILED.
  (C) IF THE COURT DETERMINES THAT GROUNDS TO  ISSUE  AN  EX  PARTE  GUN
VIOLENCE  RESTRAINING  ORDER  EXIST,  IT  SHALL  ISSUE  AN  EX PARTE GUN
VIOLENCE RESTRAINING ORDER THAT PROHIBITS THE SUBJECT  OF  THE  PETITION
FROM  HAVING  IN  HIS  OR  HER  CUSTODY  OR CONTROL, OWNING, PURCHASING,
POSSESSING, OR RECEIVING,  OR  ATTEMPTING  TO  PURCHASE  OR  RECEIVE,  A
FIREARM  OR  AMMUNITION,  AND EXPIRES NO LATER THAN TWENTY-ONE DAYS FROM
THE DATE OF THE ORDER.
  3. (A) AN EX PARTE GUN VIOLENCE RESTRAINING ORDER  ISSUED  UNDER  THIS
SECTION SHALL INCLUDE ALL OF THE FOLLOWING:
  (1) A STATEMENT OF THE GROUNDS SUPPORTING THE ISSUANCE OF THE ORDER.
  (2) THE DATE AND TIME THE ORDER EXPIRES.
  (3) THE ADDRESS OF THE SUPERIOR COURT IN WHICH ANY RESPONSIVE PLEADING
SHOULD BE FILED.
  (4) THE DATE AND TIME OF THE SCHEDULED HEARING.
  (5)  THE FOLLOWING STATEMENT: "TO THE RESTRAINED PERSON: THIS ORDER IS
VALID UNTIL THE EXPIRATION DATE AND TIME NOTED ABOVE. YOU  ARE  REQUIRED
TO  SURRENDER  ALL  FIREARMS  AND  AMMUNITION THAT YOU OWN OR POSSESS IN
ACCORDANCE WITH ARTICLE 12 OF THE FAMILY COURT ACT AND YOU MAY NOT  HAVE
IN  YOUR  CUSTODY  OR  CONTROL,  OWN,  PURCHASE, POSSESS, OR RECEIVE, OR
ATTEMPT TO PURCHASE OR RECEIVE A FIREARM OR AMMUNITION, WHILE THIS ORDER
IS IN EFFECT. A HEARING WILL BE HELD ON THE DATE AND AT THE  TIME  NOTED
ABOVE  TO  DETERMINE  IF A MORE PERMANENT GUN VIOLENCE RESTRAINING ORDER
SHOULD BE ISSUED.  FAILURE TO APPEAR AT THAT HEARING  MAY  RESULT  IN  A
COURT MAKING AN ORDER AGAINST YOU THAT IS VALID FOR A YEAR. YOU MAY SEEK
THE ADVICE OF AN ATTORNEY AS TO ANY MATTER CONNECTED WITH THE ORDER. THE
ATTORNEY  SHOULD  BE  CONSULTED PROMPTLY SO THAT THE ATTORNEY MAY ASSIST
YOU IN ANY MATTER CONNECTED WITH THE ORDER."
  (B) (1) AN EX PARTE GUN VIOLENCE RESTRAINING ORDER SHALL BE PERSONALLY
SERVED ON THE RESTRAINED PERSON BY A LAW  ENFORCEMENT  OFFICER,  OR  ANY
PERSON  WHO  IS  AT  LEAST  EIGHTEEN YEARS OF AGE AND NOT A PARTY TO THE
ACTION, IF THE RESTRAINED PERSON CAN REASONABLY BE LOCATED.

S. 4389--A                          7

  (2) WHEN SERVING A GUN VIOLENCE RESTRAINING ORDER, A  LAW  ENFORCEMENT
OFFICER  SHALL  INFORM  THE  RESTRAINED  PERSON OF THE HEARING SCHEDULED
PURSUANT TO SUBDIVISION FOUR OF THIS SECTION.
  4.  WITHIN  TWENTY-ONE  DAYS  AFTER  THE DATE ON THE ORDER, BEFORE THE
COURT THAT ISSUED THE ORDER OR ANOTHER COURT IN THE  SAME  JURISDICTION,
THE  COURT SHALL HOLD A HEARING PURSUANT TO SECTION TWELVE HUNDRED FOUR-
TEEN OF THIS ARTICLE TO DETERMINE IF A GUN  VIOLENCE  RESTRAINING  ORDER
SHOULD BE ISSUED.
  S  1214.  GUN VIOLENCE RESTRAINING ORDER ISSUED AFTER NOTICE AND HEAR-
ING. 1. (A) A FAMILY MEMBER OF A PERSON OR A LAW ENFORCEMENT OFFICER MAY
REQUEST THAT A COURT, AFTER NOTICE AND A HEARING, ISSUE A  GUN  VIOLENCE
RESTRAINING  ORDER  ENJOINING THE SUBJECT OF THE PETITION FROM HAVING IN
HIS OR HER  CUSTODY  OR  CONTROL,  OWNING,  PURCHASING,  POSSESSING,  OR
RECEIVING A FIREARM OR AMMUNITION FOR A PERIOD OF ONE YEAR.
  (B)  FOR  THE  PURPOSES  OF THIS SECTION, "FAMILY MEMBER" SHALL MEAN A
MEMBER OF THE SAME FAMILY OR  HOUSEHOLD  AS  DEFINED  IN  SECTION  EIGHT
HUNDRED TWELVE OF THIS CHAPTER.
  2.  IN  DETERMINING  WHETHER TO ISSUE A GUN VIOLENCE RESTRAINING ORDER
UNDER THIS SECTION, THE COURT SHALL CONSIDER EVIDENCE OF THE FACTS IDEN-
TIFIED IN SUBPARAGRAPH ONE  OF  PARAGRAPH  (B)  OF  SUBDIVISION  TWO  OF
SECTION  TWELVE  HUNDRED  THIRTEEN  OF THIS ARTICLE AND MAY CONSIDER ANY
OTHER EVIDENCE OF AN INCREASED RISK FOR  VIOLENCE,  INCLUDING,  BUT  NOT
LIMITED  TO,  EVIDENCE  OF  THE  FACTS IDENTIFIED IN SUBPARAGRAPH TWO OF
PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION TWELVE HUNDRED  THIRTEEN  OF
THIS ARTICLE.
  3.  (A)  AT THE HEARING, THE PETITIONER SHALL HAVE THE BURDEN OF PROV-
ING, BY CLEAR AND CONVINCING EVIDENCE, THAT BOTH OF  THE  FOLLOWING  ARE
TRUE:
  (1)  THE  SUBJECT  OF THE PETITION, OR A PERSON SUBJECT TO AN EX PARTE
GUN VIOLENCE RESTRAINING  ORDER,  AS  APPLICABLE,  POSES  A  SIGNIFICANT
DANGER  OF  PERSONAL INJURY TO HIMSELF, HERSELF, OR ANOTHER BY HAVING IN
HIS OR HER  CUSTODY  OR  CONTROL,  OWNING,  PURCHASING,  POSSESSING,  OR
RECEIVING A FIREARM OR AMMUNITION.
  (2)  A GUN VIOLENCE RESTRAINING ORDER IS NECESSARY TO PREVENT PERSONAL
INJURY TO THE SUBJECT OF THE PETITION, OR THE PERSON SUBJECT  TO  AN  EX
PARTE  GUN VIOLENCE RESTRAINING ORDER, AS APPLICABLE, OR ANOTHER BECAUSE
LESS RESTRICTIVE ALTERNATIVES EITHER HAVE BEEN TRIED  AND  FOUND  TO  BE
INEFFECTIVE, OR ARE INADEQUATE OR INAPPROPRIATE FOR THE CIRCUMSTANCES OF
THE  SUBJECT  OF  THE PETITION, OR THE PERSON SUBJECT TO AN EX PARTE GUN
VIOLENCE RESTRAINING ORDER, AS APPLICABLE.
  (B) (1) IF THE COURT FINDS THAT THERE IS CLEAR AND CONVINCING EVIDENCE
TO ISSUE A GUN VIOLENCE RESTRAINING ORDER, THE COURT SHALL ISSUE  A  GUN
VIOLENCE  RESTRAINING  ORDER  THAT PROHIBITS THE SUBJECT OF THE PETITION
FROM HAVING IN HIS  OR  HER  CUSTODY  OR  CONTROL,  OWNING,  PURCHASING,
POSSESSING,  OR  RECEIVING,  OR  ATTEMPTING  TO  PURCHASE  OR RECEIVE, A
FIREARM OR AMMUNITION.
  (2) IF THE COURT FINDS THAT THERE IS NOT CLEAR AND CONVINCING EVIDENCE
TO SUPPORT THE ISSUANCE OF A GUN VIOLENCE RESTRAINING ORDER,  THE  COURT
SHALL  DISSOLVE  ANY  TEMPORARY  EMERGENCY  OR  EX  PARTE  GUN  VIOLENCE
RESTRAINING ORDER THEN IN EFFECT.
  (C) THE GUN VIOLENCE RESTRAINING ORDER ISSUED UNDER THIS SECTION SHALL
HAVE A DURATION OF ONE YEAR, SUBJECT TO TERMINATION BY FURTHER ORDER  OF
THE COURT AT A HEARING HELD PURSUANT TO SUBDIVISION FOUR OF THIS SECTION
AND  RENEWAL  BY FURTHER ORDER OF THE COURT PURSUANT TO SUBDIVISION FIVE
OF THIS SECTION.

S. 4389--A                          8

  4. (A) A GUN VIOLENCE RESTRAINING ORDER ISSUED PURSUANT TO THIS  CHAP-
TER SHALL INCLUDE ALL OF THE FOLLOWING:
  (1) A STATEMENT OF THE GROUNDS SUPPORTING THE ISSUANCE OF THE ORDER.
  (2) THE DATE AND TIME THE ORDER EXPIRES.
  (3)  THE  ADDRESS  OF  THE  SUPERIOR COURT FOR THE COUNTY IN WHICH THE
RESTRAINED PARTY RESIDES.
  (4) THE FOLLOWING STATEMENT: "TO THE  RESTRAINED  PERSON:  THIS  ORDER
WILL  LAST  UNTIL THE DATE AND TIME NOTED ABOVE. IF YOU HAVE NOT DONE SO
ALREADY, YOU MUST SURRENDER ALL FIREARMS AND AMMUNITION THAT YOU OWN  OR
POSSESS  IN  ACCORDANCE WITH ARTICLE 12 OF THE FAMILY COURT ACT. YOU MAY
NOT HAVE IN YOUR CUSTODY OR CONTROL, OWN, PURCHASE, POSSESS, OR RECEIVE,
OR ATTEMPT TO PURCHASE OR RECEIVE A FIREARM OR  AMMUNITION,  WHILE  THIS
ORDER  IS  IN  EFFECT. PURSUANT TO SECTION 1214 OF THE FAMILY COURT ACT,
YOU HAVE THE RIGHT TO REQUEST ONE HEARING TO TERMINATE THIS ORDER AT ANY
TIME DURING ITS EFFECTIVE PERIOD. YOU MAY SEEK THE ADVICE OF AN ATTORNEY
AS TO ANY MATTER CONNECTED WITH THE ORDER."
  (B) WHEN THE COURT ISSUES A GUN VIOLENCE RESTRAINING ORDER UNDER  THIS
ARTICLE,  THE COURT SHALL INFORM THE RESTRAINED PERSON THAT HE OR SHE IS
ENTITLED TO ONE HEARING TO REQUEST A TERMINATION OF THE ORDER,  PURSUANT
TO  SUBDIVISION  FIVE  OF THIS SECTION, AND SHALL PROVIDE THE RESTRAINED
PERSON WITH A FORM TO REQUEST A HEARING.
  5. (A) A PERSON SUBJECT TO A GUN  VIOLENCE  RESTRAINING  ORDER  ISSUED
UNDER THIS SECTION MAY SUBMIT ONE WRITTEN REQUEST AT ANY TIME DURING THE
EFFECTIVE PERIOD OF THE ORDER FOR A HEARING TO TERMINATE THE ORDER.
  (B) IF THE COURT FINDS AFTER THE HEARING THAT THERE IS NO LONGER CLEAR
AND  CONVINCING EVIDENCE TO BELIEVE: (1) THAT THE PERSON POSES A SIGNIF-
ICANT DANGER, IN  THE  NEAR  FUTURE,  OF  PERSONAL  INJURY  TO  HIMSELF,
HERSELF,  OR ANOTHER BY HAVING IN HIS OR HER CUSTODY OR CONTROL, OWNING,
PURCHASING, POSSESSING, OR  RECEIVING  A  FIREARM  AS  DETERMINED  UNDER
SECTION TWELVE HUNDRED THIRTEEN OF THIS ARTICLE; OR
  (2)  THAT  A  GUN  VIOLENCE  RESTRAINING ORDER IS NECESSARY TO PREVENT
PERSONAL INJURY TO THE SUBJECT OF THE PETITION  OR  ANOTHER,  THE  COURT
SHALL TERMINATE THE ORDER.
  6. (A) (1) A FAMILY MEMBER OF A RESTRAINED PERSON OR A LAW ENFORCEMENT
OFFICER MAY REQUEST A RENEWAL OF A GUN VIOLENCE RESTRAINING ORDER AT ANY
TIME  WITHIN  THE  THREE  MONTHS BEFORE THE EXPIRATION OF A GUN VIOLENCE
RESTRAINING ORDER.
  (2) FOR THE PURPOSES OF THIS SUBDIVISION, "FAMILY MEMBER" SHALL MEAN A
MEMBER OF THE SAME FAMILY OR  HOUSEHOLD  AS  DEFINED  IN  SECTION  EIGHT
HUNDRED TWELVE OF THIS CHAPTER.
  (B)  A  COURT  MAY,  AFTER  NOTICE AND A HEARING, RENEW A GUN VIOLENCE
RESTRAINING ORDER ISSUED UNDER THIS SECTION IF THE PETITIONER PROVES, BY
CLEAR AND CONVINCING EVIDENCE, THAT THE SUBJECT OF THE PETITION POSES  A
SIGNIFICANT  DANGER,  IN THE NEAR FUTURE, OF PERSONAL INJURY TO HIMSELF,
HERSELF, OR ANOTHER BY HAVING IN HIS OR HER CUSTODY OR CONTROL,  OWNING,
PURCHASING,  POSSESSING, OR RECEIVING A FIREARM AS DETERMINED BY CONSID-
ERING THE FACTORS LISTED IN SUBDIVISION TWO OF THIS SECTION; OR  THAT  A
GUN  VIOLENCE  RESTRAINING ORDER IS NECESSARY TO PREVENT PERSONAL INJURY
TO THE SUBJECT OF THE  PETITION  OR  ANOTHER  BECAUSE  LESS  RESTRICTIVE
ALTERNATIVES  EITHER HAVE BEEN TRIED AND FOUND TO BE INEFFECTIVE, OR ARE
INADEQUATE OR INAPPROPRIATE FOR THE CIRCUMSTANCES OF THE SUBJECT OF  THE
PETITION.
  (C)  IN  DETERMINING WHETHER TO RENEW A GUN VIOLENCE RESTRAINING ORDER
ISSUED UNDER THIS SECTION, THE COURT  SHALL  CONSIDER  EVIDENCE  OF  THE
FACTS IDENTIFIED IN SUBPARAGRAPH ONE OF PARAGRAPH (B) OF SUBDIVISION TWO
OF  SECTION TWELVE HUNDRED THIRTEEN OF THIS ARTICLE AND MAY CONSIDER ANY

S. 4389--A                          9

OTHER EVIDENCE OF AN INCREASED RISK FOR  VIOLENCE,  INCLUDING,  BUT  NOT
LIMITED  TO,  EVIDENCE  OF  THE  FACTS IDENTIFIED IN SUBPARAGRAPH TWO OF
PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION TWELVE HUNDRED  THIRTEEN  OF
THIS ARTICLE.
  (D)  AT  THE HEARING, THE PETITIONER SHALL HAVE THE BURDEN OF PROVING,
BY CLEAR AND CONVINCING EVIDENCE, THAT THE SUBJECT OF THE PETITION POSES
A SIGNIFICANT DANGER, IN THE NEAR FUTURE, OF PERSONAL INJURY TO HIMSELF,
HERSELF, OR ANOTHER BY HAVING IN HIS OR HER CUSTODY OR CONTROL,  OWNING,
PURCHASING,  POSSESSING, OR RECEIVING A FIREARM AS DETERMINED BY CONSID-
ERING THE FACTORS LISTED IN SUBDIVISION TWO OF THIS SECTION; OR  THAT  A
GUN  VIOLENCE  RESTRAINING ORDER IS NECESSARY TO PREVENT PERSONAL INJURY
TO THE SUBJECT OF THE  PETITION  OR  ANOTHER  BECAUSE  LESS  RESTRICTIVE
ALTERNATIVES  EITHER HAVE BEEN TRIED AND FOUND TO BE INEFFECTIVE, OR ARE
INADEQUATE OR INAPPROPRIATE FOR THE CIRCUMSTANCES OF THE SUBJECT OF  THE
PETITION.
  (E)  IF  THE  RENEWAL  PETITION  IS  SUPPORTED BY CLEAR AND CONVINCING
EVIDENCE, THE COURT SHALL  RENEW  THE  GUN  VIOLENCE  RESTRAINING  ORDER
ISSUED UNDER THIS SECTION.
  (F) THE RENEWAL OF A GUN VIOLENCE RESTRAINING ORDER ISSUED PURSUANT TO
THIS  SECTION  SHALL HAVE A DURATION OF ONE YEAR, SUBJECT TO TERMINATION
BY FURTHER ORDER OF THE COURT AT A HEARING HELD PURSUANT TO  SUBDIVISION
FIVE  OF  THIS SECTION AND FURTHER RENEWAL BY FURTHER ORDER OF THE COURT
PURSUANT TO THIS SUBDIVISION.
  (G) A GUN VIOLENCE RESTRAINING ORDER RENEWED PURSUANT TO THIS  SECTION
SHALL INCLUDE THE FOLLOWING INFORMATION:
  (1) A STATEMENT OF THE GROUNDS SUPPORTING THE ISSUANCE OF THE ORDER.
  (2) THE DATE AND TIME THE ORDER EXPIRES.
  (3) THE ADDRESS OF THE SUPERIOR COURT IN WHICH ANY RESPONSIVE PLEADING
SHOULD BE FILED.
  (4) THE DATE AND TIME OF THE SCHEDULED HEARING.
  (5)  THE FOLLOWING STATEMENT: "TO THE RESTRAINED PERSON: THIS ORDER IS
VALID UNTIL THE EXPIRATION DATE AND TIME NOTED ABOVE. YOU  ARE  REQUIRED
TO  SURRENDER  ALL  FIREARMS  AND  AMMUNITION THAT YOU OWN OR POSSESS IN
ACCORDANCE WITH ARTICLE 12 OF THE FAMILY COURT ACT AND YOU MAY NOT  HAVE
IN  YOUR  CUSTODY  OR  CONTROL,  OWN,  PURCHASE, POSSESS, OR RECEIVE, OR
ATTEMPT TO PURCHASE OR RECEIVE A FIREARM OR AMMUNITION, WHILE THIS ORDER
IS IN EFFECT. A HEARING WILL BE HELD ON THE DATE AND AT THE  TIME  NOTED
ABOVE  TO  DETERMINE  IF A MORE PERMANENT GUN VIOLENCE RESTRAINING ORDER
SHOULD BE ISSUED.  FAILURE TO APPEAR AT THAT HEARING  MAY  RESULT  IN  A
COURT MAKING AN ORDER AGAINST YOU THAT IS VALID FOR A YEAR. YOU MAY SEEK
THE ADVICE OF AN ATTORNEY AS TO ANY MATTER CONNECTED WITH THE ORDER. THE
ATTORNEY  SHOULD  BE  CONSULTED PROMPTLY SO THAT THE ATTORNEY MAY ASSIST
YOU IN ANY MATTER CONNECTED WITH THE ORDER."
  7. ANY HEARING HELD PURSUANT TO THIS SECTION MAY BE CONTINUED  UPON  A
SHOWING  OF  GOOD  CAUSE.    ANY  EXISTING ORDER ISSUED PURSUANT TO THIS
SUBDIVISION SHALL REMAIN IN FULL FORCE AND EFFECT DURING THE  PERIOD  OF
CONTINUANCE.
  8.  IF  A PERSON SUBJECT TO A GUN VIOLENCE RESTRAINING ORDER ISSUED OR
RENEWED PURSUANT TO THIS SECTION WAS NOT PRESENT IN COURT  AT  THE  TIME
THE  ORDER  WAS  ISSUED  OR  RENEWED, THE GUN VIOLENCE RESTRAINING ORDER
SHALL BE PERSONALLY SERVED ON THE RESTRAINED PERSON BY A LAW ENFORCEMENT
OFFICER OR ANY PERSON WHO IS AT LEAST EIGHTEEN YEARS OF AGE  AND  NOT  A
PARTY TO THE ACTION, IF THE RESTRAINED PERSON CAN REASONABLY BE LOCATED.
  S 1215. OFFENSES. 1. EVERY PERSON WHO FILES A PETITION FOR AN EX PARTE
GUN  VIOLENCE RESTRAINING ORDER PURSUANT TO SECTION TWELVE HUNDRED THIR-
TEEN OF THIS ARTICLE, OR A GUN VIOLENCE RESTRAINING ORDER  ISSUED  AFTER

S. 4389--A                         10

NOTICE AND A HEARING PURSUANT TO SECTION TWELVE HUNDRED FOURTEEN OF THIS
ARTICLE, KNOWING THE INFORMATION IN THE PETITION TO BE FALSE OR WITH THE
INTENT TO HARASS, IS GUILTY OF A MISDEMEANOR.
  2.  EVERY  PERSON  WHO  OWNS OR POSSESSES A FIREARM OR AMMUNITION WITH
KNOWLEDGE THAT HE OR SHE IS PROHIBITED FROM  DOING  SO  BY  A  TEMPORARY
EMERGENCY  GUN  VIOLENCE  RESTRAINING  ORDER  ISSUED PURSUANT TO SECTION
TWELVE HUNDRED  TWELVE  OF  THIS  ARTICLE,  AN  EX  PARTE  GUN  VIOLENCE
RESTRAINING  ORDER ISSUED PURSUANT TO SECTION TWELVE HUNDRED THIRTEEN OF
THIS ARTICLE, OR A GUN VIOLENCE RESTRAINING ORDER  ISSUED  AFTER  NOTICE
AND A HEARING ISSUED PURSUANT TO SECTION TWELVE HUNDRED FOURTEEN OF THIS
ARTICLE,  IS GUILTY OF A MISDEMEANOR AND SHALL BE PROHIBITED FROM HAVING
IN HIS OR HER CUSTODY OR CONTROL,  OWNING,  PURCHASING,  POSSESSING,  OR
RECEIVING, OR ATTEMPTING TO PURCHASE OR RECEIVE, A FIREARM OR AMMUNITION
FOR  A FIVE-YEAR PERIOD, TO COMMENCE UPON THE EXPIRATION OF THE EXISTING
GUN VIOLENCE RESTRAINING ORDER.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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Senate Bill S4389A

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Bill Amendments

co-Sponsors

2015-S4389 - Details

2015-S4389 - Summary

2015-S4389 - Sponsor Memo

2015-S4389 - Bill Text download pdf

co-Sponsors

2015-S4389A (ACTIVE) - Details

2015-S4389A (ACTIVE) - Summary

2015-S4389A (ACTIVE) - Sponsor Memo

2015-S4389A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4389A

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Bill Amendments

co-Sponsors

Leroy Comrie

Jesse Hamilton

2015-S4389 - Details

2015-S4389 - Summary

2015-S4389 - Sponsor Memo

2015-S4389 - Bill Text download pdf

co-Sponsors

Leroy Comrie

Jesse Hamilton

Jose M. Serrano

2015-S4389A (ACTIVE) - Details

2015-S4389A (ACTIVE) - Summary

2015-S4389A (ACTIVE) - Sponsor Memo

2015-S4389A (ACTIVE) - Bill Text download pdf

Comments