assembly Bill A8976B

2017-2018 Legislative Session

Establishes extreme risk protection orders as a court-issued order of protection prohibiting a person from purchasing, possessing or attempting to purchase or possess a firearm, rifle or shotgun

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Current Bill Status - Passed Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 06, 2018 referred to judiciary
delivered to senate
passed assembly
Mar 01, 2018 advanced to third reading cal.698
Feb 27, 2018 reported
Feb 05, 2018 print number 8976b
Feb 05, 2018 amend and recommit to codes
Jan 17, 2018 print number 8976a
Jan 17, 2018 amend and recommit to codes
Jan 09, 2018 referred to codes

A8976 - Details

See Senate Version of this Bill:
S7133A
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add Art 63-A §§6340 - 6347, CPLR; amd §530.14, CP L; amd §265.45, Pen L
Versions Introduced in 2017-2018 Legislative Session:
A6994

A8976 - Summary

Establishes extreme risk protection orders as a court-issued order of protection prohibiting a person from purchasing, possessing or attempting to purchase or possess a firearm, rifle or shotgun and establishes procedures for the application, administration, and expiration or termination of such protection orders.

A8976 - Bill Text download pdf

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

                                  8976

                          I N  A S S E M B L Y

                             January 9, 2018
                               ___________

Introduced  by M. of A. SIMON -- read once and referred to the Committee
  on Codes

AN ACT to amend the civil practice law and rules, the criminal procedure
  law and the penal  law,  in  relation  to  establishing  extreme  risk
  protection  orders  as court-issued orders of protection prohibiting a
  person from  purchasing,  possessing  or  attempting  to  purchase  or
  possess a firearm, rifle or shotgun

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

  Section 1. The civil practice law and rules are amended  by  adding  a
new article 63-A to read as follows:
                              ARTICLE 63-A
                     EXTREME RISK PROTECTION ORDERS
SECTION 6340. DEFINITIONS.
        6341. APPLICATION FOR AN EXTREME RISK PROTECTION ORDER.
        6342. ISSUANCE OF A TEMPORARY EXTREME RISK PROTECTION ORDER.
        6343. ISSUANCE OF A FINAL EXTREME RISK PROTECTION ORDER.
        6344. SURRENDER  AND  REMOVAL  OF  FIREARMS, RIFLES AND SHOTGUNS
               PURSUANT TO AN EXTREME RISK PROTECTION ORDER.
        6345. REQUEST FOR RENEWAL OF AN EXTREME RISK PROTECTION ORDER.
        6346. EXPIRATION OF AN EXTREME RISK PROTECTION ORDER.
        6347. EFFECT  OF  FINDINGS  AND  DETERMINATIONS  IN   SUBSEQUENT
               PROCEEDINGS.
  S 6340. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1.  "EXTREME  RISK  PROTECTION  ORDER"  MEANS  A COURT-ISSUED ORDER OF
PROTECTION PROHIBITING A PERSON FROM PURCHASING, POSSESSING OR  ATTEMPT-
ING TO PURCHASE OR POSSESS A FIREARM, RIFLE OR SHOTGUN.
  2.  "PETITIONER"  MEANS:  (A)  A POLICE OFFICER, AS DEFINED IN SECTION
1.20 OF THE CRIMINAL PROCEDURE LAW, OR DISTRICT ATTORNEY WITH  JURISDIC-
TION  IN  THE  COUNTY OR CITY WHERE THE PERSON AGAINST WHOM THE ORDER IS
SOUGHT RESIDES; OR (B) A FAMILY  OR  HOUSEHOLD  MEMBER,  AS  DEFINED  IN
SUBDIVISION  TWO  OF  SECTION  FOUR  HUNDRED  FIFTY-NINE-A OF THE SOCIAL
SERVICES LAW, OF THE PERSON AGAINST WHOM THE ORDER IS SOUGHT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10726-03-7

A8976A - Details

See Senate Version of this Bill:
S7133A
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add Art 63-A §§6340 - 6347, CPLR; amd §530.14, CP L; amd §265.45, Pen L
Versions Introduced in 2017-2018 Legislative Session:
A6994

A8976A - Summary

Establishes extreme risk protection orders as a court-issued order of protection prohibiting a person from purchasing, possessing or attempting to purchase or possess a firearm, rifle or shotgun and establishes procedures for the application, administration, and expiration or termination of such protection orders.

A8976A - Bill Text download pdf

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

                                 8976--A

                          I N  A S S E M B L Y

                             January 9, 2018
                               ___________

Introduced  by M. of A. SIMON -- read once and referred to the Committee
  on Codes -- committee discharged, bill amended, ordered  reprinted  as
  amended and recommitted to said committee

AN ACT to amend the civil practice law and rules, the criminal procedure
  law  and  the  penal  law,  in  relation  to establishing extreme risk
  protection orders as court-issued orders of protection  prohibiting  a
  person  from  purchasing,  possessing  or  attempting  to  purchase or
  possess a firearm, rifle or shotgun

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

  Section 1. The civil practice law and rules is amended by adding a new
article 63-A to read as follows:
                              ARTICLE 63-A
                     EXTREME RISK PROTECTION ORDERS
SECTION 6340. DEFINITIONS.
        6341. APPLICATION FOR AN EXTREME RISK PROTECTION ORDER.
        6342. ISSUANCE OF A TEMPORARY EXTREME RISK PROTECTION ORDER.
        6343. ISSUANCE OF A FINAL EXTREME RISK PROTECTION ORDER.
        6344. SURRENDER  AND  REMOVAL  OF  FIREARMS, RIFLES AND SHOTGUNS
               PURSUANT TO AN EXTREME RISK PROTECTION ORDER.
        6345. REQUEST FOR RENEWAL OF AN EXTREME RISK PROTECTION ORDER.
        6346. EXPIRATION OF AN EXTREME RISK PROTECTION ORDER.
        6347. EFFECT  OF  FINDINGS  AND  DETERMINATIONS  IN   SUBSEQUENT
               PROCEEDINGS.
  S 6340. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1.  "EXTREME  RISK  PROTECTION  ORDER"  MEANS  A COURT-ISSUED ORDER OF
PROTECTION PROHIBITING A PERSON FROM PURCHASING, POSSESSING OR  ATTEMPT-
ING TO PURCHASE OR POSSESS A FIREARM, RIFLE OR SHOTGUN.
  2.  "PETITIONER"  MEANS:  (A)  A POLICE OFFICER, AS DEFINED IN SECTION
1.20 OF THE CRIMINAL PROCEDURE LAW, OR DISTRICT ATTORNEY WITH  JURISDIC-
TION  IN  THE  COUNTY OR CITY WHERE THE PERSON AGAINST WHOM THE ORDER IS
SOUGHT RESIDES; OR (B) A FAMILY  OR  HOUSEHOLD  MEMBER,  AS  DEFINED  IN
SUBDIVISION  TWO  OF  SECTION  FOUR  HUNDRED  FIFTY-NINE-A OF THE SOCIAL
SERVICES LAW, OF THE PERSON AGAINST WHOM THE ORDER IS SOUGHT.

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

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A8976B (ACTIVE) - Details

See Senate Version of this Bill:
S7133A
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add Art 63-A §§6340 - 6347, CPLR; amd §530.14, CP L; amd §265.45, Pen L
Versions Introduced in 2017-2018 Legislative Session:
A6994

A8976B (ACTIVE) - Summary

Establishes extreme risk protection orders as a court-issued order of protection prohibiting a person from purchasing, possessing or attempting to purchase or possess a firearm, rifle or shotgun and establishes procedures for the application, administration, and expiration or termination of such protection orders.

A8976B (ACTIVE) - Bill Text download pdf

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

                                 8976--B

                          I N  A S S E M B L Y

                             January 9, 2018
                               ___________

Introduced  by M. of A. SIMON -- read once and referred to the Committee
  on Codes -- committee discharged, bill amended, ordered  reprinted  as
  amended  and recommitted to said committee -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted to said committee

AN ACT to amend the civil practice law and rules, the criminal procedure
  law  and  the  penal  law,  in  relation  to establishing extreme risk
  protection orders as court-issued orders of protection  prohibiting  a
  person  from  purchasing,  possessing  or  attempting  to  purchase or
  possess a firearm, rifle or shotgun

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

  Section 1. The civil practice law and rules is amended by adding a new
article 63-A to read as follows:
                              ARTICLE 63-A
                     EXTREME RISK PROTECTION ORDERS
SECTION 6340. DEFINITIONS.
        6341. APPLICATION FOR AN EXTREME RISK PROTECTION ORDER.
        6342. ISSUANCE OF A TEMPORARY EXTREME RISK PROTECTION ORDER.
        6343. ISSUANCE OF A FINAL EXTREME RISK PROTECTION ORDER.
        6344. SURRENDER  AND  REMOVAL  OF  FIREARMS, RIFLES AND SHOTGUNS
               PURSUANT TO AN EXTREME RISK PROTECTION ORDER.
        6345. REQUEST FOR RENEWAL OF AN EXTREME RISK PROTECTION ORDER.
        6346. EXPIRATION OF AN EXTREME RISK PROTECTION ORDER.
        6347. EFFECT  OF  FINDINGS  AND  DETERMINATIONS  IN   SUBSEQUENT
               PROCEEDINGS.
  S 6340. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1.  "EXTREME  RISK  PROTECTION  ORDER"  MEANS  A COURT-ISSUED ORDER OF
PROTECTION PROHIBITING A PERSON FROM PURCHASING, POSSESSING OR  ATTEMPT-
ING TO PURCHASE OR POSSESS A FIREARM, RIFLE OR SHOTGUN.
  2.  "PETITIONER"  MEANS:  (A)  A POLICE OFFICER, AS DEFINED IN SECTION
1.20 OF THE CRIMINAL PROCEDURE LAW, OR DISTRICT ATTORNEY WITH  JURISDIC-
TION  IN  THE  COUNTY OR CITY WHERE THE PERSON AGAINST WHOM THE ORDER IS
SOUGHT RESIDES; OR (B) A FAMILY  OR  HOUSEHOLD  MEMBER,  AS  DEFINED  IN

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

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