assembly Bill A11148

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 (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 13, 2018 referred to rules
delivered to senate
passed assembly
Jun 12, 2018 ordered to third reading rules cal.142
rules report cal.142
Jun 11, 2018 reported
reported referred to rules
Jun 09, 2018 referred to codes

Co-Sponsors

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A11148 - Details

Current Committee:
Senate Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add Art 63-A §§6340 - 6347, CPLR; amd §265.45, Pen L

A11148 - 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.

A11148 - Bill Text download pdf

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

                                  11148

                          I N  A S S E M B L Y

                              June 9, 2018
                               ___________

Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Simon) --
  (at request of the Governor) -- read once and referred to the  Commit-
  tee on Codes

AN  ACT  to amend the civil practice law and rules and the penal law, in
  relation to establishing extreme risk protection orders  as  court-is-
  sued  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; (B) A FAMILY OR HOUSEHOLD MEMBER, AS DEFINED IN SUBDIVI-
SION  TWO  OF  SECTION  FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES
LAW, OF THE PERSON AGAINST WHOM THE ORDER IS SOUGHT;  OR  (C)  A  SCHOOL

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

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