The New York State Senate

                    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.
  § 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

A. 8976                             2

  3.  "RESPONDENT"  MEANS  THE  PERSON  AGAINST  WHOM  AN  EXTREME  RISK
PROTECTION ORDER IS OR MAY BE SOUGHT UNDER THIS ARTICLE.
  §  6341.  APPLICATION FOR AN EXTREME RISK PROTECTION ORDER. IN ACCORD-
ANCE WITH THIS ARTICLE, A PETITIONER MAY FILE A SWORN  APPLICATION,  AND
ACCOMPANYING  SUPPORTING  DOCUMENTATION,  SETTING  FORTH  THE  FACTS AND
CIRCUMSTANCES JUSTIFYING THE ISSUANCE  OF  AN  EXTREME  RISK  PROTECTION
ORDER.  SUCH  APPLICATION AND SUPPORTING DOCUMENTATION SHALL BE FILED IN
THE SUPREME COURT IN THE COUNTY IN WHICH  THE  RESPONDENT  RESIDES.  THE
CHIEF ADMINISTRATOR OF THE COURTS SHALL ADOPT FORMS THAT MAY BE USED FOR
PURPOSES  OF  SUCH  APPLICATIONS  AND  THE COURT'S CONSIDERATION OF SUCH
APPLICATIONS. SUCH APPLICATION FORM SHALL INCLUDE INQUIRY AS TO  WHETHER
THE  PETITIONER  KNOWS,  OR  HAS  REASON TO BELIEVE, THAT THE RESPONDENT
OWNS, POSSESSES OR HAS ACCESS TO A FIREARM, RIFLE OR SHOTGUN AND IF  SO,
A REQUEST THAT THE PETITIONER LIST OR DESCRIBE SUCH FIREARMS, RIFLES AND
SHOTGUNS, AND THE RESPECTIVE LOCATIONS THEREOF, WITH AS MUCH SPECIFICITY
AS POSSIBLE.
  §  6342.  ISSUANCE  OF  A  TEMPORARY EXTREME RISK PROTECTION ORDER. 1.
UPON APPLICATION OF A PETITIONER PURSUANT TO THIS ARTICLE, THE COURT MAY
ISSUE A TEMPORARY EXTREME RISK PROTECTION ORDER, EX PARTE OR  OTHERWISE,
TO  PROHIBIT THE RESPONDENT FROM PURCHASING, POSSESSING OR ATTEMPTING TO
PURCHASE OR POSSESS A FIREARM, RIFLE OR SHOTGUN,  UPON  A  FINDING  THAT
THERE IS PROBABLE CAUSE TO BELIEVE THE RESPONDENT IS LIKELY TO ENGAGE IN
CONDUCT THAT WOULD RESULT IN SERIOUS HARM TO HIMSELF, HERSELF OR OTHERS,
AS DEFINED IN PARAGRAPH ONE OR TWO OF SUBDIVISION (A) OF SECTION 9.39 OF
THE  MENTAL HYGIENE LAW. SUCH APPLICATION FOR A TEMPORARY ORDER SHALL BE
DETERMINED IN WRITING ON THE SAME DAY THE APPLICATION IS FILED.
  2. IN  DETERMINING  WHETHER  GROUNDS  FOR  A  TEMPORARY  EXTREME  RISK
PROTECTION  ORDER  EXIST,  THE COURT SHALL CONSIDER ANY RELEVANT FACTORS
INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING ACTS OF THE RESPONDENT:
  (A) A THREAT OR ACT OF VIOLENCE OR  USE  OF  PHYSICAL  FORCE  DIRECTED
TOWARD THE PETITIONER OR ANOTHER PERSON;
  (B) A VIOLATION OR ALLEGED VIOLATION OF AN ORDER OF PROTECTION;
  (C)  ANY PENDING CHARGE OR CONVICTION FOR AN OFFENSE INVOLVING THE USE
OF A WEAPON;
  (D) THE RECKLESS USE, DISPLAY OR BRANDISHING OF A  FIREARM,  RIFLE  OR
SHOTGUN;
  (E) ANY HISTORY OF A VIOLATION OF AN EXTREME RISK PROTECTION ORDER;
  (F)  EVIDENCE  OF  RECENT OR ONGOING ABUSE OF CONTROLLED SUBSTANCES OR
ALCOHOL; OR
  (G) EVIDENCE OF RECENT ACQUISITION OF A  FIREARM,  RIFLE,  SHOTGUN  OR
OTHER DEADLY WEAPON OR DANGEROUS INSTRUMENT, OR ANY AMMUNITION THEREFOR.
  IN  CONSIDERING  THE  FACTORS  UNDER THIS SUBDIVISION, THE COURT SHALL
CONSIDER THE TIME THAT HAS ELAPSED SINCE THE OCCURRENCE OF SUCH  ACT  OR
ACTS AND THE AGE OF THE PERSON AT THE TIME OF THE OCCURRENCE OF SUCH ACT
OR ACTS.
  3.  THE APPLICATION OF THE PETITIONER AND SUPPORTING DOCUMENTATION, IF
ANY, SHALL SET FORTH THE FACTUAL BASIS  FOR  THE  REQUEST  AND  PROBABLE
CAUSE  FOR ISSUANCE OF A TEMPORARY ORDER. THE COURT MAY CONDUCT AN EXAM-
INATION UNDER OATH OF THE PETITIONER AND ANY WITNESS THE PETITIONER  MAY
PRODUCE.
  4.  A  TEMPORARY  EXTREME  RISK  PROTECTION ORDER, IF WARRANTED, SHALL
ISSUE IN WRITING, AND SHALL INCLUDE:
  (A) A STATEMENT OF THE GROUNDS FOUND FOR THE ISSUANCE OF THE ORDER;
  (B) THE DATE AND TIME THE ORDER EXPIRES;
  (C) THE ADDRESS OF THE COURT THAT ISSUED THE ORDER;

A. 8976                             3

  (D) A STATEMENT TO THE RESPONDENT: (I) DIRECTING THAT  THE  RESPONDENT
MAY  NOT  PURCHASE, POSSESS OR ATTEMPT TO PURCHASE OR POSSESS A FIREARM,
RIFLE OR SHOTGUN WHILE THE ORDER IS IN  EFFECT  AND  THAT  ANY  FIREARM,
RIFLE  OR SHOTGUN POSSESSED BY SUCH RESPONDENT SHALL BE PROMPTLY SURREN-
DERED TO ANY AUTHORIZED LAW ENFORCEMENT OFFICIAL;
  (II)  INFORMING  THE  RESPONDENT THAT THE COURT WILL HOLD A HEARING NO
SOONER THAN THREE NOR MORE THAN SIX BUSINESS DAYS AFTER SERVICE  OF  THE
TEMPORARY  ORDER,  TO  DETERMINE WHETHER A FINAL EXTREME RISK PROTECTION
ORDER WILL BE ISSUED AND THE DATE, TIME AND LOCATION  OF  SUCH  HEARING,
PROVIDED  THAT  THE  RESPONDENT  SHALL BE ENTITLED TO MORE THAN SIX DAYS
UPON REQUEST IN ORDER TO PREPARE FOR THE HEARING;  AND  (III)  INFORMING
THE RESPONDENT THE HE OR SHE MAY SEEK THE ADVICE OF AN ATTORNEY AND THAT
AN ATTORNEY SHOULD BE CONSULTED PROMPTLY; AND
  (E)  A FORM TO BE COMPLETED AND EXECUTED BY THE RESPONDENT AT THE TIME
OF SERVICE OF THE TEMPORARY EXTREME RISK PROTECTION ORDER WHICH  ELICITS
A  LIST OF ALL FIREARMS, RIFLES AND SHOTGUNS POSSESSED BY THE RESPONDENT
AND THE PARTICULAR LOCATION OF EACH FIREARM, RIFLE OR SHOTGUN LISTED.
  5. IF THE APPLICATION FOR A TEMPORARY EXTREME RISK PROTECTION ORDER IS
NOT GRANTED, THE COURT SHALL  NOTIFY  THE  PETITIONER  AND,  UNLESS  THE
APPLICATION  IS  VOLUNTARILY  WITHDRAWN  BY  THE PETITIONER, NONETHELESS
SCHEDULE  A  HEARING  ON  THE  APPLICATION  FOR  A  FINAL  EXTREME  RISK
PROTECTION  ORDER.  SUCH HEARING SHALL BE SCHEDULED TO BE HELD PROMPTLY,
BUT IN ANY EVENT NO LATER THAN TEN BUSINESS DAYS AFTER THE DATE ON WHICH
SUCH APPLICATION IS SERVED ON THE RESPONDENT,  PROVIDED,  HOWEVER,  THAT
THE  RESPONDENT MAY REQUEST, AND THE COURT MAY GRANT, ADDITIONAL TIME TO
ALLOW THE RESPONDENT TO PREPARE FOR THE HEARING. A NOTICE OF SUCH  HEAR-
ING  SHALL  BE PREPARED BY THE COURT AND SHALL INCLUDE THE DATE AND TIME
OF THE HEARING, THE ADDRESS OF THE COURT, AND THE SUBJECT OF  THE  HEAR-
ING.
  6.  (A)  THE  COURT SHALL, IN THE MANNER SPECIFIED IN PARAGRAPH (B) OF
THIS SUBDIVISION, ARRANGE FOR PROMPT SERVICE OF A COPY OF THE  TEMPORARY
EXTREME  RISK PROTECTION ORDER, IF ANY, THE APPLICATION THEREFOR AND, IF
SEPARATELY APPLIED FOR OR IF A TEMPORARY EXTREME RISK  PROTECTION  ORDER
WAS  NOT  GRANTED, THE APPLICATION FOR AN EXTREME RISK PROTECTION ORDER,
ANY NOTICE OF HEARING PREPARED BY THE COURT, ALONG WITH  ANY  ASSOCIATED
PAPERS   INCLUDING   THE  PETITION  AND  ANY  SUPPORTING  DOCUMENTATION,
PROVIDED, THAT THE COURT MAY REDACT THE ADDRESS AND CONTACT  INFORMATION
OF THE PETITIONER FROM SUCH APPLICATION AND PAPERS WHERE THE COURT FINDS
THAT  DISCLOSURE OF SUCH ADDRESS OR OTHER CONTACT INFORMATION WOULD POSE
AN UNREASONABLE RISK TO THE HEALTH OR SAFETY OF THE PETITIONER.
  (B) THE COURT SHALL PROVIDE COPIES OF SUCH DOCUMENTS TO THE  APPROPRI-
ATE  LAW ENFORCEMENT AGENCY SERVING THE JURISDICTION OF THE RESPONDENT'S
RESIDENCE WITH A DIRECTION THAT SUCH DOCUMENTS BE PROMPTLY SERVED ON THE
RESPONDENT; PROVIDED,  HOWEVER,  THAT  THE  PETITIONER  MAY  VOLUNTARILY
ARRANGE FOR SERVICE OF COPIES OF SUCH ORDER AND ASSOCIATED PAPERS THOUGH
A THIRD PARTY, SUCH AS A LICENSED PROCESS SERVER.
  7.  (A) THE COURT SHALL NOTIFY THE DIVISION OF STATE POLICE, ANY OTHER
LAW ENFORCEMENT AGENCY WITH JURISDICTION, ALL APPLICABLE LICENSING OFFI-
CERS, AND THE DIVISION OF CRIMINAL JUSTICE SERVICES OF THE ISSUANCE OF A
TEMPORARY EXTREME RISK PROTECTION ORDER AND PROVIDE A COPY OF SUCH ORDER
NO LATER THAN THE NEXT BUSINESS DAY AFTER  ISSUING  THE  ORDER  TO  SUCH
PERSONS  OR  AGENCIES. THE COURT ALSO SHALL PROMPTLY NOTIFY SUCH PERSONS
AND AGENCIES AND PROVIDE A COPY OF ANY ORDER AMENDING OR  REVOKING  SUCH
PROTECTION ORDER OR RESTORING THE RESPONDENT'S ABILITY TO OWN OR POSSESS
FIREARMS,  RIFLES  OR SHOTGUNS NO LATER THAN THE NEXT BUSINESS DAY AFTER
ISSUING THE ORDER TO RESTORE SUCH RIGHT TO THE RESPONDENT. ANY NOTICE OR

A. 8976                             4

REPORT SUBMITTED PURSUANT TO THIS SUBDIVISION SHALL BE IN AN  ELECTRONIC
FORMAT,  IN  A  MANNER  PRESCRIBED  BY  THE DIVISION OF CRIMINAL JUSTICE
SERVICES.
  (B)  UPON RECEIVING NOTICE OF THE ISSUANCE OF A TEMPORARY EXTREME RISK
PROTECTION ORDER, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL  IMME-
DIATELY  REPORT  THE  EXISTENCE  OF  SUCH ORDER TO THE FEDERAL BUREAU OF
INVESTIGATION TO ALLOW THE BUREAU TO IDENTIFY  PERSONS  PROHIBITED  FROM
PURCHASING  FIREARMS,  RIFLES OR SHOTGUNS. THE DIVISION SHALL ALSO IMME-
DIATELY REPORT TO THE BUREAU  THE  EXPIRATION  OF  ANY  SUCH  PROTECTION
ORDER,  ANY  COURT  ORDER  AMENDING OR REVOKING SUCH PROTECTION ORDER OR
RESTORING THE RESPONDENT'S ABILITY TO PURCHASE A FIREARM, RIFLE OR SHOT-
GUN.
  8. THE ISSUANCE OF A TEMPORARY EXTREME  RISK  PROTECTION  ORDER  SHALL
CONSTITUTE  AUTHORITY  AND  DIRECTION FOR A POLICE OFFICER TO REMOVE ALL
FIREARMS, RIFLES AND SHOTGUNS IN THE RESPONDENT'S POSSESSION. AS PART OF
THE ORDER, THE COURT MAY ALSO DIRECT A  POLICE  OFFICER  TO  SEARCH  FOR
FIREARMS, RIFLES AND SHOTGUNS IN THE RESPONDENT'S POSSESSION IN A MANNER
CONSISTENT  WITH  THE  PROCEDURES  OF  ARTICLE SIX HUNDRED NINETY OF THE
CRIMINAL PROCEDURE LAW.
  9. UPON ISSUANCE OF A TEMPORARY EXTREME RISK PROTECTION ORDER, OR UPON
SETTING A HEARING FOR A FINAL EXTREME  RISK  PROTECTION  ORDER  WHERE  A
TEMPORARY  ORDER  IS DENIED OR NOT REQUESTED, THE COURT SHALL DIRECT THE
LAW ENFORCEMENT AGENCY  HAVING  JURISDICTION  TO  CONDUCT  A  BACKGROUND
INVESTIGATION  AND  REPORT  TO THE COURT AND, SUBJECT TO ANY APPROPRIATE
REDACTIONS TO PROTECT ANY  PERSON,  EACH  PARTY  REGARDING  WHETHER  THE
RESPONDENT:
  (A)  HAS ANY PRIOR CRIMINAL CONVICTION FOR AN OFFENSE INVOLVING DOMES-
TIC VIOLENCE, USE OF A WEAPON, OR OTHER VIOLENCE;
  (B) HAS ANY CRIMINAL CHARGE OR VIOLATION CURRENTLY PENDING AGAINST HIM
OR HER;
  (C) IS CURRENTLY ON PAROLE OR PROBATION;
  (D) POSSESSES ANY REGISTERED FIREARMS, RIFLES OR SHOTGUNS; AND
  (E) HAS BEEN, OR IS,  SUBJECT  TO  ANY  ORDER  OF  PROTECTION  OR  HAS
VIOLATED OR ALLEGEDLY VIOLATED ANY ORDER OF PROTECTION.
  §  6343.  ISSUANCE  OF  A  FINAL  EXTREME RISK PROTECTION ORDER. 1. IN
ACCORDANCE WITH THIS ARTICLE, NO SOONER THAN  THREE  BUSINESS  DAYS  NOR
LATER  THAN  SIX BUSINESS DAYS AFTER SERVICE OF A TEMPORARY EXTREME RISK
PROTECTION ORDER AND, ALTERNATIVELY, NO LATER  THAN  TEN  BUSINESS  DAYS
AFTER  SERVICE  OF  AN APPLICATION UNDER THIS ARTICLE WHERE NO TEMPORARY
EXTREME RISK PROTECTION ORDER HAS BEEN ISSUED, THE SUPREME  COURT  SHALL
HOLD  A  HEARING  TO  DETERMINE  WHETHER  TO  ISSUE A FINAL EXTREME RISK
PROTECTION ORDER AND, WHEN APPLICABLE, WHETHER A FIREARM, RIFLE OR SHOT-
GUN SURRENDERED BY, OR REMOVED FROM, THE RESPONDENT SHOULD  BE  RETURNED
TO  THE  RESPONDENT.  THE  RESPONDENT SHALL BE ENTITLED TO MORE THAN SIX
BUSINESS DAYS IF A TEMPORARY EXTREME  RISK  PROTECTION  ORDER  HAS  BEEN
ISSUED  AND  THE  RESPONDENT  REQUESTS A REASONABLE PERIOD OF ADDITIONAL
TIME TO PREPARE FOR THE HEARING.  WHERE  NO  TEMPORARY  ORDER  HAS  BEEN
ISSUED,  THE RESPONDENT MAY REQUEST, AND THE COURT MAY GRANT, ADDITIONAL
TIME BEYOND THE TEN DAYS TO ALLOW THE  RESPONDENT  TO  PREPARE  FOR  THE
HEARING.
  2.  AT  THE  HEARING  PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE
PETITIONER SHALL HAVE THE BURDEN OF PROVING,  BY  CLEAR  AND  CONVINCING
EVIDENCE,  THAT THE RESPONDENT IS LIKELY TO ENGAGE IN CONDUCT THAT WOULD
RESULT IN SERIOUS HARM TO HIMSELF, HERSELF  OR  OTHERS,  AS  DEFINED  IN
PARAGRAPH  ONE  OR  TWO OF SUBDIVISION (A) OF SECTION 9.39 OF THE MENTAL
HYGIENE LAW. THE COURT  MAY  CONSIDER  THE  PETITION  AND  ANY  EVIDENCE

A. 8976                             5

SUBMITTED  BY  THE PETITIONER, ANY EVIDENCE SUBMITTED BY THE RESPONDENT,
ANY TESTIMONY PRESENTED, AND THE REPORT OF THE RELEVANT LAW  ENFORCEMENT
AGENCY  SUBMITTED  PURSUANT  TO  SUBDIVISION NINE OF SECTION SIXTY-THREE
HUNDRED  FORTY-TWO  OF  THIS  ARTICLE. THE COURT SHALL ALSO CONSIDER THE
FACTORS SET FORTH IN SUBDIVISION  TWO  OF  SECTION  SIXTY-THREE  HUNDRED
FORTY-TWO OF THIS ARTICLE.
  3.  (A) AFTER THE HEARING PURSUANT TO SUBDIVISION ONE OF THIS SECTION,
THE COURT SHALL ISSUE A WRITTEN ORDER GRANTING OR  DENYING  THE  EXTREME
RISK  PROTECTION  ORDER  AND SETTING FORTH THE REASONS FOR SUCH DETERMI-
NATION. IF THE EXTREME RISK PROTECTION ORDER IS GRANTED, THE COURT SHALL
DIRECT SERVICE OF SUCH ORDER IN THE MANNER AND IN  ACCORDANCE  WITH  THE
PROTECTIONS  FOR  THE PETITIONER SET FORTH IN SUBDIVISION SIX OF SECTION
SIXTY-THREE HUNDRED FORTY-TWO OF THIS ARTICLE.
  (B) UPON ISSUANCE  OF  AN  EXTREME  RISK  PROTECTION  ORDER:  (I)  ANY
FIREARM,  RIFLE  OR SHOTGUN REMOVED PURSUANT TO A TEMPORARY EXTREME RISK
PROTECTION ORDER OR SUCH EXTREME RISK PROTECTION ORDER SHALL BE RETAINED
BY THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION FOR  THE  DURATION  OF
THE  ORDER, UNLESS OWNERSHIP OF THE FIREARM, RIFLE OR SHOTGUN IS LEGALLY
TRANSFERRED BY THE RESPONDENT TO ANOTHER INDIVIDUAL PERMITTED BY LAW  TO
OWN  AND  POSSESS SUCH FIREARM, RIFLE OR SHOTGUN; (II) THE SUPREME COURT
SHALL TEMPORARILY SUSPEND ANY EXISTING FIREARM LICENSE POSSESSED BY  THE
RESPONDENT  AND  ORDER  THE RESPONDENT TEMPORARILY INELIGIBLE FOR SUCH A
LICENSE; (III) THE RESPONDENT SHALL BE  PROHIBITED  FROM  PURCHASING  OR
POSSESSING,  OR  ATTEMPTING  TO PURCHASE OR POSSESS, A FIREARM, RIFLE OR
SHOTGUN; AND (IV) THE COURT SHALL DIRECT THE RESPONDENT TO SURRENDER ANY
FIREARM, RIFLE OR SHOTGUN IN HIS OR HER POSSESSION.
  (C) AN EXTREME RISK PROTECTION ORDER ISSUED IN  ACCORDANCE  WITH  THIS
SECTION  SHALL  EXTEND, AS SPECIFIED BY THE COURT, FOR A PERIOD OF UP TO
ONE YEAR FROM THE DATE OF THE ISSUANCE OF SUCH ORDER; PROVIDED, HOWEVER,
THAT IF SUCH ORDER WAS IMMEDIATELY PRECEDED BY THE ISSUANCE OF A  TEMPO-
RARY  EXTREME  RISK  PROTECTION  ORDER, THEN THE DURATION OF THE EXTREME
RISK PROTECTION ORDER SHALL BE MEASURED FROM THE  DATE  OF  ISSUANCE  OF
SUCH TEMPORARY EXTREME RISK PROTECTION ORDER.
  (D)  THE  ISSUANCE  OF  A  FINAL  EXTREME  RISK PROTECTION ORDER SHALL
CONSTITUTE AUTHORITY AND DIRECTION FOR A POLICE OFFICER  TO  REMOVE  ALL
FIREARMS, RIFLES AND SHOTGUNS IN THE RESPONDENT'S POSSESSION. AS PART OF
THE  ORDER,  THE  COURT  MAY  ALSO DIRECT A POLICE OFFICER TO SEARCH FOR
FIREARMS, RIFLES AND SHOTGUNS IN A  RESPONDENT'S  POSSESSION  CONSISTENT
WITH THE PROCEDURES OF ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL PROCE-
DURE LAW.
  4.  (A) THE COURT SHALL NOTIFY THE DIVISION OF STATE POLICE, ANY OTHER
LAW ENFORCEMENT AGENCY WITH JURISDICTION, ALL APPLICABLE LICENSING OFFI-
CERS, AND THE DIVISION OF CRIMINAL JUSTICE SERVICES OF THE ISSUANCE OF A
FINAL EXTREME RISK PROTECTION ORDER AND PROVIDE A COPY OF SUCH ORDER  TO
SUCH  PERSONS  AND  AGENCIES  NO  LATER THAN THE NEXT BUSINESS DAY AFTER
ISSUING THE ORDER. THE COURT ALSO SHALL PROMPTLY NOTIFY SUCH PERSONS AND
AGENCIES AND PROVIDE A COPY OF  ANY  ORDER  AMENDING  OR  REVOKING  SUCH
PROTECTION ORDER OR RESTORING THE RESPONDENT'S ABILITY TO OWN OR POSSESS
FIREARMS,  RIFLES  OR SHOTGUNS NO LATER THAN THE NEXT BUSINESS DAY AFTER
ISSUING THE ORDER TO RESTORE SUCH RIGHT TO THE RESPONDENT. ANY NOTICE OR
REPORT SUBMITTED PURSUANT TO THIS SUBDIVISION SHALL BE IN AN  ELECTRONIC
FORMAT,  IN  A  MANNER  PRESCRIBED  BY  THE DIVISION OF CRIMINAL JUSTICE
SERVICES.
  (B) UPON RECEIVING NOTICE OF THE ISSUANCE  OF  A  FINAL  EXTREME  RISK
PROTECTION  ORDER, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL IMME-
DIATELY REPORT THE EXISTENCE OF SUCH ORDER  TO  THE  FEDERAL  BUREAU  OF

A. 8976                             6

INVESTIGATION  TO  ALLOW  THE BUREAU TO IDENTIFY PERSONS PROHIBITED FROM
PURCHASING FIREARMS, RIFLES OR SHOTGUNS. THE DIVISION SHALL  ALSO  IMME-
DIATELY REPORT TO THE BUREAU THE EXPIRATION OF SUCH PROTECTION ORDER AND
ANY  COURT ORDER AMENDING OR REVOKING SUCH PROTECTION ORDER OR RESTORING
THE RESPONDENT'S ABILITY TO PURCHASE A FIREARM, RIFLE OR SHOTGUN.
  5. (A) IF, IN ACCORDANCE WITH  A  TEMPORARY  EXTREME  RISK  PROTECTION
ORDER,  A  FIREARM,  RIFLE OR SHOTGUN HAS BEEN SURRENDERED BY OR REMOVED
FROM THE RESPONDENT, AND THE SUPREME COURT SUBSEQUENTLY FINDS  THAT  THE
PETITIONER HAS NOT MET THE REQUIRED STANDARD OF PROOF, THE COURT'S FIND-
ING SHALL INCLUDE A WRITTEN ORDER, ISSUED TO ALL PARTIES, DIRECTING THAT
ANY  FIREARM,  RIFLE  OR SHOTGUN SURRENDERED OR REMOVED PURSUANT TO SUCH
TEMPORARY ORDER SHALL BE RETURNED TO THE RESPONDENT.
  (B) IF ANY OTHER PERSON DEMONSTRATES THAT HE  OR  SHE  IS  THE  LAWFUL
OWNER  OF  ANY FIREARM, RIFLE OR SHOTGUN SURRENDERED OR REMOVED PURSUANT
TO A PROTECTION ORDER  ISSUED  IN  ACCORDANCE  WITH  THIS  ARTICLE,  AND
PROVIDED THAT THERE IS NO LEGAL IMPEDIMENT TO THE PERSON'S POSSESSION OF
A SURRENDERED OR REMOVED FIREARM, RIFLE OR SHOTGUN, THE COURT MAY, AFTER
NOTICE  TO  THE PARTIES AND AN OPPORTUNITY TO BE HEARD, DIRECT THAT SUCH
FIREARM, RIFLE OR SHOTGUN BE RETURNED TO SUCH LAWFUL OWNER.
  6. THE RESPONDENT SHALL BE NOTIFIED ON THE RECORD AND  IN  WRITING  BY
THE  COURT  THAT  HE  OR SHE MAY SUBMIT ONE WRITTEN REQUEST, AT ANY TIME
DURING THE EFFECTIVE PERIOD OF AN EXTREME RISK PROTECTION ORDER,  FOR  A
HEARING  SETTING  ASIDE  ANY PORTION OF SUCH ORDER. THE REQUEST SHALL BE
SUBMITTED IN SUBSTANTIALLY THE SAME FORM AND MANNER AS PRESCRIBED BY THE
CHIEF ADMINISTRATOR OF THE COURTS. UPON SUCH REQUEST,  THE  COURT  SHALL
PROMPTLY  HOLD A HEARING, IN ACCORDANCE WITH THIS ARTICLE, AFTER PROVID-
ING REASONABLE NOTICE TO THE PETITIONER.  THE RESPONDENT SHALL BEAR  THE
BURDEN TO PROVE, BY CLEAR AND CONVINCING EVIDENCE, ANY CHANGE OF CIRCUM-
STANCES THAT MAY JUSTIFY A CHANGE TO THE ORDER.
  §  6344. SURRENDER AND REMOVAL OF FIREARMS, RIFLES AND SHOTGUNS PURSU-
ANT TO AN EXTREME RISK PROTECTION ORDER. 1. WHEN A LAW ENFORCEMENT OFFI-
CER TAKES ANY FIREARM, RIFLE OR SHOTGUN PURSUANT TO A TEMPORARY  EXTREME
RISK  PROTECTION  ORDER  OR  A  FINAL EXTREME RISK PROTECTION ORDER, THE
OFFICER SHALL GIVE TO THE PERSON FROM WHOM SUCH FIREARM, RIFLE OR  SHOT-
GUN IS TAKEN A RECEIPT OR VOUCHER FOR THE PROPERTY TAKEN, DESCRIBING THE
PROPERTY  IN DETAIL. IN THE ABSENCE OF A PERSON, THE OFFICER SHALL LEAVE
THE RECEIPT OR VOUCHER IN THE PLACE WHERE THE PROPERTY WAS FOUND, MAIL A
COPY OF THE RECEIPT OR VOUCHER, RETAINING PROOF OF MAILING, TO THE  LAST
KNOWN  ADDRESS  OF  THE  RESPONDENT  AND, IF DIFFERENT, THE OWNER OF THE
FIREARM, RIFLE OR SHOTGUN, AND FILE A COPY OF SUCH  RECEIPT  OR  VOUCHER
WITH THE COURT. ALL FIREARMS, RIFLES AND SHOTGUNS IN THE POSSESSION OF A
LAW  ENFORCEMENT  OFFICIAL  PURSUANT TO THIS ARTICLE SHALL BE SUBJECT TO
THE PROVISIONS OF APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO  SUBDIVI-
SION SIX OF SECTION 400.05 OF THE PENAL LAW; PROVIDED, HOWEVER, THAT ANY
SUCH  FIREARM, RIFLE OR SHOTGUN SHALL BE RETAINED AND NOT DISPOSED OF BY
THE LAW ENFORCEMENT AGENCY FOR AT LEAST TWO YEARS UNLESS LEGALLY  TRANS-
FERRED  BY  THE  RESPONDENT TO AN INDIVIDUAL PERMITTED BY LAW TO OWN AND
POSSESS SUCH FIREARM, RIFLE OR SHOTGUN.
  2. IF THE LOCATION TO BE SEARCHED DURING THE EXECUTION OF A  TEMPORARY
EXTREME RISK PROTECTION ORDER OR EXTREME RISK PROTECTION ORDER IS JOINT-
LY  OCCUPIED  BY  TWO  OR  MORE PARTIES, AND A FIREARM, RIFLE OR SHOTGUN
LOCATED DURING THE EXECUTION OF SUCH ORDER IS OWNED BY  A  PERSON  OTHER
THAN  THE  RESPONDENT, THE COURT MAY ALLOW RETURN OF SUCH FIREARM, RIFLE
OR SHOTGUN IF IT IS DEMONSTRATED THAT THE FIREARM, RIFLE OR SHOTGUN WILL
BE SAFELY STORED IN A MANNER CONSISTENT WITH SECTION 265.45 OF THE PENAL
LAW, SO THAT THE RESPONDENT WILL NOT HAVE ACCESS TO OR  CONTROL  OF  THE

A. 8976                             7

FIREARM,  RIFLE  OR  SHOTGUN,  AND  THERE  IS  NO  EVIDENCE  OF UNLAWFUL
POSSESSION OF THE FIREARM, RIFLE OR SHOTGUN BY THE OWNER.
  §  6345.  REQUEST  FOR RENEWAL OF AN EXTREME RISK PROTECTION ORDER. 1.
IF A PETITIONER BELIEVES A PERSON SUBJECT TO AN EXTREME RISK  PROTECTION
ORDER  CONTINUES  TO BE LIKELY TO ENGAGE IN CONDUCT THAT WOULD RESULT IN
SERIOUS HARM TO HIMSELF, HERSELF, OR OTHERS, AS DEFINED IN PARAGRAPH ONE
OR TWO OF SUBDIVISION (A) OF SECTION 9.39 OF  THE  MENTAL  HYGIENE  LAW,
SUCH  PETITIONER MAY, AT ANY TIME WITHIN SIXTY DAYS PRIOR TO THE EXPIRA-
TION OF SUCH EXISTING EXTREME RISK PROTECTION ORDER, INITIATE A  REQUEST
FOR  A  RENEWAL OF SUCH ORDER, SETTING FORTH THE FACTS AND CIRCUMSTANCES
NECESSITATING THE REQUEST. THE CHIEF ADMINISTRATOR OF THE  COURTS  SHALL
ADOPT  FORMS  THAT MAY BE USED FOR PURPOSES OF SUCH APPLICATIONS AND THE
COURT'S CONSIDERATION OF SUCH APPLICATIONS. THE COURT MAY ISSUE A TEMPO-
RARY EXTREME RISK PROTECTION ORDER IN  ACCORDANCE  WITH  SECTION  SIXTY-
THREE  HUNDRED  FORTY-TWO  OF  THIS  ARTICLE,  DURING  THE PERIOD THAT A
REQUEST FOR RENEWAL OF AN EXTREME RISK PROTECTION ORDER IS UNDER CONSID-
ERATION PURSUANT TO THIS SECTION.
  2. A HEARING HELD PURSUANT TO THIS SECTION SHALL BE CONDUCTED  IN  THE
SUPREME  COURT,  IN  ACCORDANCE  WITH SECTION SIXTY-THREE HUNDRED FORTY-
THREE OF THIS ARTICLE, TO DETERMINE IF A  REQUEST  FOR  RENEWAL  OF  THE
ORDER  SHALL  BE  GRANTED.  THE  RESPONDENT SHALL BE SERVED WITH WRITTEN
NOTICE OF AN APPLICATION FOR RENEWAL A REASONABLE TIME BEFORE THE  HEAR-
ING,  AND  SHALL  BE AFFORDED AN OPPORTUNITY TO FULLY PARTICIPATE IN THE
HEARING. THE COURT SHALL DIRECT SERVICE  OF  SUCH  APPLICATION  AND  THE
ACCOMPANYING PAPERS IN THE MANNER AND IN ACCORDANCE WITH THE PROTECTIONS
FOR  THE  PETITIONER SET FORTH IN SUBDIVISION SIX OF SECTION SIXTY-THREE
HUNDRED FORTY-TWO OF THIS ARTICLE.
  §  6346.  EXPIRATION  OF  AN  EXTREME  RISK  PROTECTION  ORDER.  1.  A
PROTECTION ORDER ISSUED PURSUANT TO THIS ARTICLE, AND ALL RECORDS OF ANY
PROCEEDINGS  CONDUCTED  PURSUANT  TO  THIS ARTICLE, SHALL BE SEALED UPON
EXPIRATION OF SUCH ORDER  AND  THE  CLERK  OF  THE  COURT  WHEREIN  SUCH
PROCEEDINGS  WERE CONDUCTED SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF
THE DIVISION OF CRIMINAL JUSTICE SERVICES, THE HEADS OF ALL  APPROPRIATE
POLICE  DEPARTMENTS, APPLICABLE LICENSING OFFICERS, AND ALL OTHER APPRO-
PRIATE LAW ENFORCEMENT AGENCIES THAT THE ORDER HAS EXPIRED AND THAT  THE
RECORD  OF  SUCH PROTECTION ORDER SHALL BE SEALED AND NOT BE MADE AVAIL-
ABLE TO ANY PERSON OR PUBLIC OR PRIVATE ENTITY, EXCEPT THAT SUCH RECORDS
SHALL BE MADE AVAILABLE TO:
  (A) THE RESPONDENT OR THE RESPONDENT'S DESIGNATED AGENT;
  (B) COURTS IN THE UNIFIED COURT SYSTEM;
  (C) POLICE FORCES AND DEPARTMENTS HAVING RESPONSIBILITY  FOR  ENFORCE-
MENT OF THE GENERAL CRIMINAL LAWS OF THE STATE;
  (D)  ANY  STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY FOR THE
ISSUANCE OF LICENSES TO POSSESS A FIREARM, RIFLE OR  SHOTGUN,  WHEN  THE
RESPONDENT HAS MADE APPLICATION FOR SUCH A LICENSE; AND
  (E)  ANY  PROSPECTIVE EMPLOYER OF A POLICE OFFICER OR PEACE OFFICER AS
THOSE TERMS ARE DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR  OF
SECTION  1.20  OF THE CRIMINAL PROCEDURE LAW, IN RELATION TO AN APPLICA-
TION FOR EMPLOYMENT AS A POLICE  OFFICER  OR  PEACE  OFFICER;  PROVIDED,
HOWEVER,  THAT  EVERY  PERSON  WHO  IS  AN APPLICANT FOR THE POSITION OF
POLICE OFFICER OR PEACE OFFICER SHALL BE FURNISHED WITH A  COPY  OF  ALL
RECORDS  OBTAINED UNDER THIS SUBPARAGRAPH AND AFFORDED AN OPPORTUNITY TO
MAKE AN EXPLANATION THERETO.
  2. UPON EXPIRATION OF A PROTECTION ORDER ISSUED PURSUANT TO THIS ARTI-
CLE AND UPON WRITTEN APPLICATION OF THE RESPONDENT WHO IS THE SUBJECT OF
SUCH ORDER, WITH NOTICE AND OPPORTUNITY TO BE HEARD  TO  THE  PETITIONER

A. 8976                             8

AND  EVERY  LICENSING  OFFICER  RESPONSIBLE  FOR  ISSUANCE  OF A FIREARM
LICENSE TO THE SUBJECT OF THE ORDER PURSUANT TO ARTICLE FOUR HUNDRED  OF
THE  PENAL LAW, AND UPON A WRITTEN FINDING THAT THERE IS NO LEGAL IMPED-
IMENT  TO THE RESPONDENT'S POSSESSION OF A SURRENDERED FIREARM, RIFLE OR
SHOTGUN, THE COURT SHALL ORDER THE RETURN OF A FIREARM, RIFLE OR SHOTGUN
NOT OTHERWISE DISPOSED OF IN ACCORDANCE WITH SUBDIVISION ONE OF  SECTION
SIXTY-THREE  HUNDRED FORTY-FOUR OF THIS ARTICLE. WHEN ISSUING SUCH ORDER
IN CONNECTION WITH ANY FIREARM SUBJECT TO A  LICENSE  REQUIREMENT  UNDER
ARTICLE  FOUR HUNDRED OF THE PENAL LAW, IF THE LICENSING OFFICER INFORMS
THE COURT THAT HE OR SHE WILL SEEK TO  REVOKE  THE  LICENSE,  THE  ORDER
SHALL BE STAYED BY THE COURT UNTIL THE CONCLUSION OF ANY LICENSE REVOCA-
TION PROCEEDING.
  §   6347.   EFFECT   OF  FINDINGS  AND  DETERMINATIONS  IN  SUBSEQUENT
PROCEEDINGS.  NOTWITHSTANDING ANY CONTRARY CLAIM BASED ON COMMON LAW  OR
A  PROVISION OF ANY OTHER LAW, NO FINDING OR DETERMINATION MADE PURSUANT
TO THIS ARTICLE SHALL BE INTERPRETED AS BINDING,  OR  HAVING  COLLATERAL
ESTOPPEL  OR  SIMILAR EFFECT, IN ANY OTHER ACTION OR PROCEEDING, OR WITH
RESPECT TO ANY OTHER DETERMINATION OR FINDING, IN ANY  COURT,  FORUM  OR
ADMINISTRATIVE PROCEEDING.
  §  2. Paragraph (b) of subdivision 5 of section 530.14 of the criminal
procedure law, as added by chapter 644 of the laws of 1996,  is  amended
to read as follows:
  (b)  The  prompt surrender of one or more firearms pursuant to a court
order issued pursuant to this section shall be  considered  a  voluntary
surrender  for purposes of subparagraph (f) of paragraph one of subdivi-
sion a of section 265.20 of the penal law. The disposition of  any  such
firearms  shall  be in accordance with the provisions of subdivision six
of section 400.05 of the penal law; PROVIDED, HOWEVER, THAT UPON  TERMI-
NATION  OF  ANY  SUSPENSION  ORDER  ISSUED  PURSUANT  TO THIS SECTION OR
SECTION EIGHT HUNDRED FORTY-TWO-A OF THE FAMILY COURT ACT, UPON  WRITTEN
APPLICATION  OF THE SUBJECT OF THE ORDER, WITH NOTICE AND OPPORTUNITY TO
BE HEARD TO THE DISTRICT ATTORNEY, THE COUNTY  ATTORNEY,  THE  PROTECTED
PARTY,  AND  EVERY  LICENSING  OFFICER  RESPONSIBLE  FOR  ISSUANCE  OF A
FIREARMS LICENSE TO THE SUBJECT OF THE ORDER PURSUANT  TO  ARTICLE  FOUR
HUNDRED  OF  THE  PENAL LAW, AND UPON A WRITTEN FINDING THAT THERE IS NO
LEGAL IMPEDIMENT TO THE SUBJECT'S POSSESSION OF A  SURRENDERED  FIREARM,
RIFLE  OR  SHOTGUN, ANY COURT OF RECORD EXERCISING CRIMINAL JURISDICTION
MAY ORDER THE RETURN OF  A  FIREARM,  RIFLE  OR  SHOTGUN  NOT  OTHERWISE
DISPOSED  OF IN ACCORDANCE WITH SUBDIVISION SIX OF SECTION 400.05 OF THE
PENAL LAW.   WHEN ISSUING SUCH ORDER  IN  CONNECTION  WITH  ANY  FIREARM
SUBJECT TO A LICENSE REQUIREMENT UNDER ARTICLE FOUR HUNDRED OF THE PENAL
LAW, IF THE LICENSING OFFICER INFORMS THE COURT THAT HE OR SHE WILL SEEK
TO  REVOKE THE LICENSE, THE ORDER SHALL BE STAYED BY THE COURT UNTIL THE
CONCLUSION OF ANY LICENSE REVOCATION PROCEEDING.
  § 3. Section 265.45 of the penal law, as amended by section 3 of  part
FF of chapter 57 of the laws of 2013, is amended to read as follows:
§ 265.45 Safe storage of rifles, shotguns, and firearms.
  No  person who owns or is custodian of a rifle, shotgun or firearm who
resides with an individual who such person knows or has reason  to  know
is  prohibited  from possessing a firearm pursuant to 18 U.S.C. § 922(g)
(1), (4), (8) or (9), OR PURSUANT TO A TEMPORARY OR FINAL  EXTREME  RISK
PROTECTION  ORDER  ISSUED UNDER ARTICLE SIXTY-THREE-A OF THE CIVIL PRAC-
TICE LAW AND RULES, shall store or otherwise leave such  rifle,  shotgun
or  firearm  out  of  his or her immediate possession or control without
having first securely locked such rifle, shotgun or firearm in an appro-
priate safe storage depository or rendered it incapable of  being  fired

A. 8976                             9

by  use of a gun locking device appropriate to that weapon. For purposes
of this section "safe storage depository" shall mean  a  safe  or  other
secure  container which, when locked, is incapable of being opened with-
out  the key, combination or other unlocking mechanism and is capable of
preventing  an  unauthorized  person  from  obtaining  access   to   and
possession of the weapon contained therein. With respect to a person who
is  prohibited from possessing a firearm pursuant to 18 USC § 922(g)(9),
for purposes of this section, this section applies only if  such  person
has  been  convicted  of  a crime included in subdivision one of section
370.15 of the criminal procedure law and such gun  is  possessed  within
five  years  from  the  later of the date of conviction or completion of
sentence. Nothing in this section shall be deemed to affect,  impair  or
supersede  any  special  or  local  act  relating to the safe storage of
rifles, shotguns or firearms which impose additional requirements on the
owner or custodian of such weapons.
  A violation of this section shall constitute a class A misdemeanor.
  § 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

                    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.
  § 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.
                                                           LBD10726-05-8

A. 8976--B                          2

SUBDIVISION  TWO  OF  SECTION  FOUR  HUNDRED  FIFTY-NINE-A OF THE SOCIAL
SERVICES LAW, OF THE PERSON AGAINST WHOM THE ORDER IS SOUGHT.
  3.  "RESPONDENT"  MEANS  THE  PERSON  AGAINST  WHOM  AN  EXTREME  RISK
PROTECTION ORDER IS OR MAY BE SOUGHT UNDER THIS ARTICLE.
  4. "POSSESS" SHALL HAVE THE SAME MEANING  AS  DEFINED  IN  SUBDIVISION
EIGHT OF SECTION 10.00 OF THE PENAL LAW.
  §  6341.  APPLICATION FOR AN EXTREME RISK PROTECTION ORDER. IN ACCORD-
ANCE WITH THIS ARTICLE, A PETITIONER MAY FILE A SWORN  APPLICATION,  AND
ACCOMPANYING  SUPPORTING  DOCUMENTATION,  SETTING  FORTH  THE  FACTS AND
CIRCUMSTANCES JUSTIFYING THE ISSUANCE  OF  AN  EXTREME  RISK  PROTECTION
ORDER.  SUCH  APPLICATION AND SUPPORTING DOCUMENTATION SHALL BE FILED IN
THE SUPREME COURT IN THE COUNTY IN WHICH  THE  RESPONDENT  RESIDES.  THE
CHIEF ADMINISTRATOR OF THE COURTS SHALL ADOPT FORMS THAT MAY BE USED FOR
PURPOSES  OF  SUCH  APPLICATIONS  AND  THE COURT'S CONSIDERATION OF SUCH
APPLICATIONS. SUCH APPLICATION FORM SHALL INCLUDE INQUIRY AS TO  WHETHER
THE  PETITIONER  KNOWS,  OR  HAS  REASON TO BELIEVE, THAT THE RESPONDENT
OWNS, POSSESSES OR HAS ACCESS TO A FIREARM, RIFLE OR SHOTGUN AND IF  SO,
A REQUEST THAT THE PETITIONER LIST OR DESCRIBE SUCH FIREARMS, RIFLES AND
SHOTGUNS, AND THE RESPECTIVE LOCATIONS THEREOF, WITH AS MUCH SPECIFICITY
AS POSSIBLE.
  §  6342.  ISSUANCE  OF  A  TEMPORARY EXTREME RISK PROTECTION ORDER. 1.
UPON APPLICATION OF A PETITIONER PURSUANT TO THIS ARTICLE, THE COURT MAY
ISSUE A TEMPORARY EXTREME RISK PROTECTION ORDER, EX PARTE OR  OTHERWISE,
TO  PROHIBIT THE RESPONDENT FROM PURCHASING, POSSESSING OR ATTEMPTING TO
PURCHASE OR POSSESS A FIREARM, RIFLE OR SHOTGUN,  UPON  A  FINDING  THAT
THERE IS PROBABLE CAUSE TO BELIEVE THE RESPONDENT IS LIKELY TO ENGAGE IN
CONDUCT THAT WOULD RESULT IN SERIOUS HARM TO HIMSELF, HERSELF OR OTHERS,
AS DEFINED IN PARAGRAPH ONE OR TWO OF SUBDIVISION (A) OF SECTION 9.39 OF
THE  MENTAL HYGIENE LAW. SUCH APPLICATION FOR A TEMPORARY ORDER SHALL BE
DETERMINED IN WRITING ON THE SAME DAY THE APPLICATION IS FILED.
  2. IN  DETERMINING  WHETHER  GROUNDS  FOR  A  TEMPORARY  EXTREME  RISK
PROTECTION  ORDER  EXIST,  THE COURT SHALL CONSIDER ANY RELEVANT FACTORS
INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING ACTS OF THE RESPONDENT:
  (A) A THREAT OR ACT OF VIOLENCE OR  USE  OF  PHYSICAL  FORCE  DIRECTED
TOWARD SELF, THE PETITIONER, OR ANOTHER PERSON;
  (B) A VIOLATION OR ALLEGED VIOLATION OF AN ORDER OF PROTECTION;
  (C)  ANY PENDING CHARGE OR CONVICTION FOR AN OFFENSE INVOLVING THE USE
OF A WEAPON;
  (D) THE RECKLESS USE, DISPLAY OR BRANDISHING OF A  FIREARM,  RIFLE  OR
SHOTGUN;
  (E) ANY HISTORY OF A VIOLATION OF AN EXTREME RISK PROTECTION ORDER;
  (F)  EVIDENCE  OF  RECENT OR ONGOING ABUSE OF CONTROLLED SUBSTANCES OR
ALCOHOL; OR
  (G) EVIDENCE OF RECENT ACQUISITION OF A  FIREARM,  RIFLE,  SHOTGUN  OR
OTHER DEADLY WEAPON OR DANGEROUS INSTRUMENT, OR ANY AMMUNITION THEREFOR.
  IN  CONSIDERING  THE  FACTORS  UNDER THIS SUBDIVISION, THE COURT SHALL
CONSIDER THE TIME THAT HAS ELAPSED SINCE THE OCCURRENCE OF SUCH  ACT  OR
ACTS AND THE AGE OF THE PERSON AT THE TIME OF THE OCCURRENCE OF SUCH ACT
OR ACTS.
  FOR  THE  PURPOSES  OF THIS SUBDIVISION, "RECENT" MEANS WITHIN THE SIX
MONTHS PRIOR TO THE DATE THE PETITION WAS FILED.
  3. THE APPLICATION OF THE PETITIONER AND SUPPORTING DOCUMENTATION,  IF
ANY,  SHALL  SET  FORTH  THE  FACTUAL BASIS FOR THE REQUEST AND PROBABLE
CAUSE FOR ISSUANCE OF A TEMPORARY ORDER. THE COURT MAY CONDUCT AN  EXAM-
INATION  UNDER OATH OF THE PETITIONER AND ANY WITNESS THE PETITIONER MAY
PRODUCE.

A. 8976--B                          3

  4. A TEMPORARY EXTREME RISK  PROTECTION  ORDER,  IF  WARRANTED,  SHALL
ISSUE IN WRITING, AND SHALL INCLUDE:
  (A) A STATEMENT OF THE GROUNDS FOUND FOR THE ISSUANCE OF THE ORDER;
  (B) THE DATE AND TIME THE ORDER EXPIRES;
  (C) THE ADDRESS OF THE COURT THAT ISSUED THE ORDER;
  (D)  A  STATEMENT TO THE RESPONDENT: (I) DIRECTING THAT THE RESPONDENT
MAY NOT PURCHASE, POSSESS OR ATTEMPT TO PURCHASE OR POSSESS  A  FIREARM,
RIFLE  OR  SHOTGUN  WHILE  THE  ORDER IS IN EFFECT AND THAT ANY FIREARM,
RIFLE OR SHOTGUN POSSESSED BY SUCH RESPONDENT SHALL BE PROMPTLY  SURREN-
DERED  TO  ANY AUTHORIZED LAW ENFORCEMENT OFFICIAL IN THE SAME MANNER AS
SET FORTH IN SUBDIVISION FIVE OF SECTION 530.14 OF THE  CRIMINAL  PROCE-
DURE LAW;
  (II)  INFORMING  THE  RESPONDENT THAT THE COURT WILL HOLD A HEARING NO
SOONER THAN THREE NOR MORE THAN SIX BUSINESS DAYS AFTER SERVICE  OF  THE
TEMPORARY  ORDER,  TO  DETERMINE WHETHER A FINAL EXTREME RISK PROTECTION
ORDER WILL BE ISSUED AND THE DATE, TIME AND LOCATION  OF  SUCH  HEARING,
PROVIDED  THAT  THE  RESPONDENT  SHALL BE ENTITLED TO MORE THAN SIX DAYS
UPON REQUEST IN ORDER TO PREPARE FOR THE HEARING;  AND  (III)  INFORMING
THE RESPONDENT THE HE OR SHE MAY SEEK THE ADVICE OF AN ATTORNEY AND THAT
AN ATTORNEY SHOULD BE CONSULTED PROMPTLY; AND
  (E)  A FORM TO BE COMPLETED AND EXECUTED BY THE RESPONDENT AT THE TIME
OF SERVICE OF THE TEMPORARY EXTREME RISK PROTECTION ORDER WHICH  ELICITS
A  LIST OF ALL FIREARMS, RIFLES AND SHOTGUNS POSSESSED BY THE RESPONDENT
AND THE PARTICULAR LOCATION OF EACH FIREARM, RIFLE OR SHOTGUN LISTED.
  5. IF THE APPLICATION FOR A TEMPORARY EXTREME RISK PROTECTION ORDER IS
NOT GRANTED, THE COURT SHALL  NOTIFY  THE  PETITIONER  AND,  UNLESS  THE
APPLICATION  IS  VOLUNTARILY  WITHDRAWN  BY  THE PETITIONER, NONETHELESS
SCHEDULE  A  HEARING  ON  THE  APPLICATION  FOR  A  FINAL  EXTREME  RISK
PROTECTION  ORDER.  SUCH HEARING SHALL BE SCHEDULED TO BE HELD PROMPTLY,
BUT IN ANY EVENT NO LATER THAN TEN BUSINESS DAYS AFTER THE DATE ON WHICH
SUCH APPLICATION IS SERVED ON THE RESPONDENT,  PROVIDED,  HOWEVER,  THAT
THE  RESPONDENT MAY REQUEST, AND THE COURT MAY GRANT, ADDITIONAL TIME TO
ALLOW THE RESPONDENT TO PREPARE FOR THE HEARING. A NOTICE OF SUCH  HEAR-
ING  SHALL  BE PREPARED BY THE COURT AND SHALL INCLUDE THE DATE AND TIME
OF THE HEARING, THE ADDRESS OF THE COURT, AND THE SUBJECT OF  THE  HEAR-
ING.
  6.  (A)  THE  COURT SHALL, IN THE MANNER SPECIFIED IN PARAGRAPH (B) OF
THIS SUBDIVISION, ARRANGE FOR PROMPT SERVICE OF A COPY OF THE  TEMPORARY
EXTREME  RISK PROTECTION ORDER, IF ANY, THE APPLICATION THEREFOR AND, IF
SEPARATELY APPLIED FOR OR IF A TEMPORARY EXTREME RISK  PROTECTION  ORDER
WAS  NOT  GRANTED, THE APPLICATION FOR AN EXTREME RISK PROTECTION ORDER,
ANY NOTICE OF HEARING PREPARED BY THE COURT, ALONG WITH  ANY  ASSOCIATED
PAPERS   INCLUDING   THE  PETITION  AND  ANY  SUPPORTING  DOCUMENTATION,
PROVIDED, THAT THE COURT MAY REDACT THE ADDRESS AND CONTACT  INFORMATION
OF THE PETITIONER FROM SUCH APPLICATION AND PAPERS WHERE THE COURT FINDS
THAT  DISCLOSURE OF SUCH ADDRESS OR OTHER CONTACT INFORMATION WOULD POSE
AN UNREASONABLE RISK TO THE HEALTH OR SAFETY OF THE PETITIONER.
  (B) THE COURT SHALL PROVIDE COPIES OF SUCH DOCUMENTS TO THE  APPROPRI-
ATE  LAW ENFORCEMENT AGENCY SERVING THE JURISDICTION OF THE RESPONDENT'S
RESIDENCE WITH A DIRECTION THAT SUCH DOCUMENTS BE PROMPTLY SERVED, AT NO
COST TO THE PETITIONER, ON THE RESPONDENT; PROVIDED, HOWEVER,  THAT  THE
PETITIONER  MAY  VOLUNTARILY ARRANGE FOR SERVICE OF COPIES OF SUCH ORDER
AND ASSOCIATED PAPERS THROUGH A THIRD PARTY, SUCH AS A LICENSED  PROCESS
SERVER.
  7.  (A) THE COURT SHALL NOTIFY THE DIVISION OF STATE POLICE, ANY OTHER
LAW ENFORCEMENT AGENCY WITH JURISDICTION, ALL APPLICABLE LICENSING OFFI-

A. 8976--B                          4

CERS, AND THE DIVISION OF CRIMINAL JUSTICE SERVICES OF THE ISSUANCE OF A
TEMPORARY EXTREME RISK PROTECTION ORDER AND PROVIDE A COPY OF SUCH ORDER
NO LATER THAN THE NEXT BUSINESS DAY AFTER  ISSUING  THE  ORDER  TO  SUCH
PERSONS  OR  AGENCIES. THE COURT ALSO SHALL PROMPTLY NOTIFY SUCH PERSONS
AND AGENCIES AND PROVIDE A COPY OF ANY ORDER AMENDING OR  REVOKING  SUCH
PROTECTION ORDER OR RESTORING THE RESPONDENT'S ABILITY TO OWN OR POSSESS
FIREARMS,  RIFLES  OR SHOTGUNS NO LATER THAN THE NEXT BUSINESS DAY AFTER
ISSUING THE ORDER TO RESTORE SUCH RIGHT TO THE RESPONDENT. ANY NOTICE OR
REPORT SUBMITTED PURSUANT TO THIS SUBDIVISION SHALL BE IN AN  ELECTRONIC
FORMAT,  IN  A  MANNER  PRESCRIBED  BY  THE DIVISION OF CRIMINAL JUSTICE
SERVICES.
  (B) UPON RECEIVING NOTICE OF THE ISSUANCE OF A TEMPORARY EXTREME  RISK
PROTECTION  ORDER, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL IMME-
DIATELY REPORT THE EXISTENCE OF SUCH ORDER  TO  THE  FEDERAL  BUREAU  OF
INVESTIGATION  TO  ALLOW  THE BUREAU TO IDENTIFY PERSONS PROHIBITED FROM
PURCHASING FIREARMS, RIFLES OR SHOTGUNS. THE DIVISION SHALL  ALSO  IMME-
DIATELY  REPORT  TO  THE  BUREAU  THE  EXPIRATION OF ANY SUCH PROTECTION
ORDER, ANY COURT ORDER AMENDING OR REVOKING  SUCH  PROTECTION  ORDER  OR
RESTORING THE RESPONDENT'S ABILITY TO PURCHASE A FIREARM, RIFLE OR SHOT-
GUN.
  8.  A  LAW  ENFORCEMENT  OFFICER  SERVING  A  TEMPORARY  EXTREME  RISK
PROTECTION ORDER SHALL REQUEST THAT THE RESPONDENT IMMEDIATELY SURRENDER
TO THE OFFICER ALL FIREARMS, RIFLES AND  SHOTGUNS  IN  THE  RESPONDENT'S
POSSESSION AND THE OFFICER SHALL CONDUCT ANY SEARCH PERMITTED BY LAW FOR
SUCH  FIREARMS. THE LAW ENFORCEMENT OFFICER SHALL TAKE POSSESSION OF ALL
FIREARMS, RIFLES AND SHOTGUNS THAT ARE SURRENDERED, THAT  ARE  IN  PLAIN
SIGHT,  OR  THAT ARE DISCOVERED PURSUANT TO A LAWFUL SEARCH.  AS PART OF
THE ORDER, THE COURT MAY ALSO DIRECT A  POLICE  OFFICER  TO  SEARCH  FOR
FIREARMS, RIFLES AND SHOTGUNS IN THE RESPONDENT'S POSSESSION IN A MANNER
CONSISTENT  WITH  THE  PROCEDURES  OF  ARTICLE SIX HUNDRED NINETY OF THE
CRIMINAL PROCEDURE LAW.
  9. UPON ISSUANCE OF A TEMPORARY EXTREME RISK PROTECTION ORDER, OR UPON
SETTING A HEARING FOR A FINAL EXTREME  RISK  PROTECTION  ORDER  WHERE  A
TEMPORARY  ORDER  IS DENIED OR NOT REQUESTED, THE COURT SHALL DIRECT THE
LAW ENFORCEMENT AGENCY  HAVING  JURISDICTION  TO  CONDUCT  A  BACKGROUND
INVESTIGATION  AND  REPORT  TO THE COURT AND, SUBJECT TO ANY APPROPRIATE
REDACTIONS TO PROTECT ANY  PERSON,  EACH  PARTY  REGARDING  WHETHER  THE
RESPONDENT:
  (A)  HAS ANY PRIOR CRIMINAL CONVICTION FOR AN OFFENSE INVOLVING DOMES-
TIC VIOLENCE, USE OF A WEAPON, OR OTHER VIOLENCE;
  (B) HAS ANY CRIMINAL CHARGE OR VIOLATION CURRENTLY PENDING AGAINST HIM
OR HER;
  (C) IS CURRENTLY ON PAROLE OR PROBATION;
  (D) POSSESSES ANY REGISTERED FIREARMS, RIFLES OR SHOTGUNS; AND
  (E) HAS BEEN, OR IS,  SUBJECT  TO  ANY  ORDER  OF  PROTECTION  OR  HAS
VIOLATED OR ALLEGEDLY VIOLATED ANY ORDER OF PROTECTION.
  §  6343.  ISSUANCE  OF  A  FINAL  EXTREME RISK PROTECTION ORDER. 1. IN
ACCORDANCE WITH THIS ARTICLE, NO SOONER THAN  THREE  BUSINESS  DAYS  NOR
LATER  THAN  SIX BUSINESS DAYS AFTER SERVICE OF A TEMPORARY EXTREME RISK
PROTECTION ORDER AND, ALTERNATIVELY, NO LATER  THAN  TEN  BUSINESS  DAYS
AFTER  SERVICE  OF  AN APPLICATION UNDER THIS ARTICLE WHERE NO TEMPORARY
EXTREME RISK PROTECTION ORDER HAS BEEN ISSUED, THE SUPREME  COURT  SHALL
HOLD  A  HEARING  TO  DETERMINE  WHETHER  TO  ISSUE A FINAL EXTREME RISK
PROTECTION ORDER AND, WHEN APPLICABLE, WHETHER A FIREARM, RIFLE OR SHOT-
GUN SURRENDERED BY, OR REMOVED FROM, THE RESPONDENT SHOULD  BE  RETURNED
TO  THE  RESPONDENT.  THE  RESPONDENT SHALL BE ENTITLED TO MORE THAN SIX

A. 8976--B                          5

BUSINESS DAYS IF A TEMPORARY EXTREME  RISK  PROTECTION  ORDER  HAS  BEEN
ISSUED  AND  THE  RESPONDENT  REQUESTS A REASONABLE PERIOD OF ADDITIONAL
TIME TO PREPARE FOR THE HEARING.  WHERE  NO  TEMPORARY  ORDER  HAS  BEEN
ISSUED,  THE RESPONDENT MAY REQUEST, AND THE COURT MAY GRANT, ADDITIONAL
TIME BEYOND THE TEN DAYS TO ALLOW THE  RESPONDENT  TO  PREPARE  FOR  THE
HEARING.
  2.  AT  THE  HEARING  PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE
PETITIONER SHALL HAVE THE BURDEN OF PROVING,  BY  CLEAR  AND  CONVINCING
EVIDENCE,  THAT THE RESPONDENT IS LIKELY TO ENGAGE IN CONDUCT THAT WOULD
RESULT IN SERIOUS HARM TO HIMSELF, HERSELF  OR  OTHERS,  AS  DEFINED  IN
PARAGRAPH  ONE  OR  TWO OF SUBDIVISION (A) OF SECTION 9.39 OF THE MENTAL
HYGIENE LAW. THE COURT  MAY  CONSIDER  THE  PETITION  AND  ANY  EVIDENCE
SUBMITTED  BY  THE PETITIONER, ANY EVIDENCE SUBMITTED BY THE RESPONDENT,
ANY TESTIMONY PRESENTED, AND THE REPORT OF THE RELEVANT LAW  ENFORCEMENT
AGENCY  SUBMITTED  PURSUANT  TO  SUBDIVISION NINE OF SECTION SIXTY-THREE
HUNDRED FORTY-TWO OF THIS ARTICLE. THE COURT  SHALL  ALSO  CONSIDER  THE
FACTORS  SET  FORTH  IN  SUBDIVISION  TWO OF SECTION SIXTY-THREE HUNDRED
FORTY-TWO OF THIS ARTICLE.
  3. (A) AFTER THE HEARING PURSUANT TO SUBDIVISION ONE OF THIS  SECTION,
THE  COURT  SHALL  ISSUE A WRITTEN ORDER GRANTING OR DENYING THE EXTREME
RISK PROTECTION ORDER AND SETTING FORTH THE REASONS  FOR  SUCH  DETERMI-
NATION. IF THE EXTREME RISK PROTECTION ORDER IS GRANTED, THE COURT SHALL
DIRECT  SERVICE  OF  SUCH ORDER IN THE MANNER AND IN ACCORDANCE WITH THE
PROTECTIONS FOR THE PETITIONER SET FORTH IN SUBDIVISION SIX  OF  SECTION
SIXTY-THREE HUNDRED FORTY-TWO OF THIS ARTICLE.
  (B)  UPON  ISSUANCE  OF  AN  EXTREME  RISK  PROTECTION  ORDER: (I) ANY
FIREARM, RIFLE OR SHOTGUN REMOVED PURSUANT TO A TEMPORARY  EXTREME  RISK
PROTECTION ORDER OR SUCH EXTREME RISK PROTECTION ORDER SHALL BE RETAINED
BY  THE  LAW  ENFORCEMENT AGENCY HAVING JURISDICTION FOR THE DURATION OF
THE ORDER, UNLESS OWNERSHIP OF THE FIREARM, RIFLE OR SHOTGUN IS  LEGALLY
TRANSFERRED  BY THE RESPONDENT TO ANOTHER INDIVIDUAL PERMITTED BY LAW TO
OWN AND POSSESS SUCH FIREARM, RIFLE OR SHOTGUN; (II) THE  SUPREME  COURT
SHALL  TEMPORARILY SUSPEND ANY EXISTING FIREARM LICENSE POSSESSED BY THE
RESPONDENT AND ORDER THE RESPONDENT TEMPORARILY INELIGIBLE  FOR  SUCH  A
LICENSE;  (III)  THE  RESPONDENT  SHALL BE PROHIBITED FROM PURCHASING OR
POSSESSING, OR ATTEMPTING TO PURCHASE OR POSSESS, A  FIREARM,  RIFLE  OR
SHOTGUN; AND (IV) THE COURT SHALL DIRECT THE RESPONDENT TO SURRENDER ANY
FIREARM, RIFLE OR SHOTGUN IN HIS OR HER POSSESSION IN THE SAME MANNER AS
SET  FORTH  IN SUBDIVISION FIVE OF SECTION 530.14 OF THE CRIMINAL PROCE-
DURE LAW.
  (C) AN EXTREME RISK PROTECTION ORDER ISSUED IN  ACCORDANCE  WITH  THIS
SECTION  SHALL  EXTEND, AS SPECIFIED BY THE COURT, FOR A PERIOD OF UP TO
ONE YEAR FROM THE DATE OF THE ISSUANCE OF SUCH ORDER; PROVIDED, HOWEVER,
THAT IF SUCH ORDER WAS IMMEDIATELY PRECEDED BY THE ISSUANCE OF A  TEMPO-
RARY  EXTREME  RISK  PROTECTION  ORDER, THEN THE DURATION OF THE EXTREME
RISK PROTECTION ORDER SHALL BE MEASURED FROM THE  DATE  OF  ISSUANCE  OF
SUCH TEMPORARY EXTREME RISK PROTECTION ORDER.
  (D)  A LAW ENFORCEMENT OFFICER SERVING A FINAL EXTREME RISK PROTECTION
ORDER SHALL REQUEST THAT THE RESPONDENT  IMMEDIATELY  SURRENDER  TO  THE
OFFICER ALL FIREARMS, RIFLES AND SHOTGUNS IN THE RESPONDENT'S POSSESSION
AND  THE  OFFICER  SHALL  CONDUCT  ANY  SEARCH PERMITTED BY LAW FOR SUCH
FIREARMS. THE LAW ENFORCEMENT  OFFICER  SHALL  TAKE  POSSESSION  OF  ALL
FIREARMS,  RIFLES  AND  SHOTGUNS THAT ARE SURRENDERED, THAT ARE IN PLAIN
SIGHT, OR THAT ARE DISCOVERED PURSUANT TO A LAWFUL SEARCH.   AS PART  OF
THE  ORDER,  THE  COURT  MAY  ALSO DIRECT A POLICE OFFICER TO SEARCH FOR
FIREARMS, RIFLES AND SHOTGUNS IN A  RESPONDENT'S  POSSESSION  CONSISTENT

A. 8976--B                          6

WITH THE PROCEDURES OF ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL PROCE-
DURE LAW.
  4.  (A) THE COURT SHALL NOTIFY THE DIVISION OF STATE POLICE, ANY OTHER
LAW ENFORCEMENT AGENCY WITH JURISDICTION, ALL APPLICABLE LICENSING OFFI-
CERS, AND THE DIVISION OF CRIMINAL JUSTICE SERVICES OF THE ISSUANCE OF A
FINAL EXTREME RISK PROTECTION ORDER AND PROVIDE A COPY OF SUCH ORDER  TO
SUCH  PERSONS  AND  AGENCIES  NO  LATER THAN THE NEXT BUSINESS DAY AFTER
ISSUING THE ORDER. THE COURT ALSO SHALL PROMPTLY NOTIFY SUCH PERSONS AND
AGENCIES AND PROVIDE A COPY OF  ANY  ORDER  AMENDING  OR  REVOKING  SUCH
PROTECTION ORDER OR RESTORING THE RESPONDENT'S ABILITY TO OWN OR POSSESS
FIREARMS,  RIFLES  OR SHOTGUNS NO LATER THAN THE NEXT BUSINESS DAY AFTER
ISSUING THE ORDER TO RESTORE SUCH RIGHT TO THE RESPONDENT. ANY NOTICE OR
REPORT SUBMITTED PURSUANT TO THIS SUBDIVISION SHALL BE IN AN  ELECTRONIC
FORMAT,  IN  A  MANNER  PRESCRIBED  BY  THE DIVISION OF CRIMINAL JUSTICE
SERVICES.
  (B) UPON RECEIVING NOTICE OF THE ISSUANCE  OF  A  FINAL  EXTREME  RISK
PROTECTION  ORDER, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL IMME-
DIATELY REPORT THE EXISTENCE OF SUCH ORDER  TO  THE  FEDERAL  BUREAU  OF
INVESTIGATION  TO  ALLOW  THE BUREAU TO IDENTIFY PERSONS PROHIBITED FROM
PURCHASING FIREARMS, RIFLES OR SHOTGUNS. THE DIVISION SHALL  ALSO  IMME-
DIATELY REPORT TO THE BUREAU THE EXPIRATION OF SUCH PROTECTION ORDER AND
ANY  COURT ORDER AMENDING OR REVOKING SUCH PROTECTION ORDER OR RESTORING
THE RESPONDENT'S ABILITY TO PURCHASE A FIREARM, RIFLE OR SHOTGUN.
  5. (A) IF, IN ACCORDANCE WITH  A  TEMPORARY  EXTREME  RISK  PROTECTION
ORDER,  A  FIREARM,  RIFLE OR SHOTGUN HAS BEEN SURRENDERED BY OR REMOVED
FROM THE RESPONDENT, AND THE SUPREME COURT SUBSEQUENTLY FINDS  THAT  THE
PETITIONER HAS NOT MET THE REQUIRED STANDARD OF PROOF, THE COURT'S FIND-
ING SHALL INCLUDE A WRITTEN ORDER, ISSUED TO ALL PARTIES, DIRECTING THAT
ANY  FIREARM,  RIFLE  OR SHOTGUN SURRENDERED OR REMOVED PURSUANT TO SUCH
TEMPORARY ORDER SHALL BE RETURNED TO  THE  RESPONDENT,  UPON  A  WRITTEN
FINDING THAT THERE IS NO LEGAL IMPEDIMENT TO THE RESPONDENT'S POSSESSION
OF SUCH FIREARM, RIFLE OR SHOTGUN.
  (B)  IF  ANY  OTHER  PERSON  DEMONSTRATES THAT HE OR SHE IS THE LAWFUL
OWNER OF ANY FIREARM, RIFLE OR SHOTGUN SURRENDERED OR  REMOVED  PURSUANT
TO  A  PROTECTION  ORDER  ISSUED  IN  ACCORDANCE  WITH THIS ARTICLE, AND
PROVIDED THAT THE COURT HAS MADE A WRITTEN  FINDING  THAT  THERE  IS  NO
LEGAL  IMPEDIMENT TO THE PERSON'S POSSESSION OF A SURRENDERED OR REMOVED
FIREARM, RIFLE OR SHOTGUN, THE COURT SHALL  DIRECT  THAT  SUCH  FIREARM,
RIFLE OR SHOTGUN BE RETURNED TO SUCH LAWFUL OWNER AND INFORM SUCH PERSON
OF  THE  OBLIGATION  TO  SAFELY STORE SUCH FIREARM, RIFLE, OR SHOTGUN IN
ACCORDANCE WITH SECTION 265.45 OF THE PENAL LAW.
  6. THE RESPONDENT SHALL BE NOTIFIED ON THE RECORD AND  IN  WRITING  BY
THE  COURT  THAT  HE  OR SHE MAY SUBMIT ONE WRITTEN REQUEST, AT ANY TIME
DURING THE EFFECTIVE PERIOD OF AN EXTREME RISK PROTECTION ORDER,  FOR  A
HEARING  SETTING  ASIDE  ANY PORTION OF SUCH ORDER. THE REQUEST SHALL BE
SUBMITTED IN SUBSTANTIALLY THE SAME FORM AND MANNER AS PRESCRIBED BY THE
CHIEF ADMINISTRATOR OF THE COURTS. UPON SUCH REQUEST,  THE  COURT  SHALL
PROMPTLY  HOLD A HEARING, IN ACCORDANCE WITH THIS ARTICLE, AFTER PROVID-
ING REASONABLE NOTICE TO THE PETITIONER.  THE RESPONDENT SHALL BEAR  THE
BURDEN TO PROVE, BY CLEAR AND CONVINCING EVIDENCE, ANY CHANGE OF CIRCUM-
STANCES THAT MAY JUSTIFY A CHANGE TO THE ORDER.
  §  6344. SURRENDER AND REMOVAL OF FIREARMS, RIFLES AND SHOTGUNS PURSU-
ANT TO AN EXTREME RISK PROTECTION ORDER. 1. WHEN A LAW ENFORCEMENT OFFI-
CER TAKES ANY FIREARM, RIFLE OR SHOTGUN PURSUANT TO A TEMPORARY  EXTREME
RISK  PROTECTION  ORDER  OR  A  FINAL EXTREME RISK PROTECTION ORDER, THE
OFFICER SHALL GIVE TO THE PERSON FROM WHOM SUCH FIREARM, RIFLE OR  SHOT-

A. 8976--B                          7

GUN IS TAKEN A RECEIPT OR VOUCHER FOR THE PROPERTY TAKEN, DESCRIBING THE
PROPERTY  IN DETAIL. IN THE ABSENCE OF A PERSON, THE OFFICER SHALL LEAVE
THE RECEIPT OR VOUCHER IN THE PLACE WHERE THE PROPERTY WAS FOUND, MAIL A
COPY  OF THE RECEIPT OR VOUCHER, RETAINING PROOF OF MAILING, TO THE LAST
KNOWN ADDRESS OF THE RESPONDENT AND, IF  DIFFERENT,  THE  OWNER  OF  THE
FIREARM,  RIFLE  OR  SHOTGUN, AND FILE A COPY OF SUCH RECEIPT OR VOUCHER
WITH THE COURT. ALL FIREARMS, RIFLES AND SHOTGUNS IN THE POSSESSION OF A
LAW ENFORCEMENT OFFICIAL PURSUANT TO THIS ARTICLE SHALL  BE  SUBJECT  TO
THE  PROVISIONS OF APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO SUBDIVI-
SION SIX OF SECTION 400.05 OF THE PENAL LAW; PROVIDED, HOWEVER, THAT ANY
SUCH FIREARM, RIFLE OR SHOTGUN SHALL BE RETAINED AND NOT DISPOSED OF  BY
THE  LAW ENFORCEMENT AGENCY FOR AT LEAST TWO YEARS UNLESS LEGALLY TRANS-
FERRED BY THE RESPONDENT TO AN INDIVIDUAL PERMITTED BY LAW  TO  OWN  AND
POSSESS SUCH FIREARM, RIFLE OR SHOTGUN.
  2.  IF THE LOCATION TO BE SEARCHED DURING THE EXECUTION OF A TEMPORARY
EXTREME RISK PROTECTION ORDER OR EXTREME RISK PROTECTION ORDER IS JOINT-
LY OCCUPIED BY TWO OR MORE PARTIES, AND  A  FIREARM,  RIFLE  OR  SHOTGUN
LOCATED  DURING  THE  EXECUTION OF SUCH ORDER IS OWNED BY A PERSON OTHER
THAN THE RESPONDENT, THE COURT SHALL, UPON A WRITTEN FINDING THAT  THERE
IS  NO  LEGAL IMPEDIMENT TO THE RESPONDENT'S POSSESSION OF SUCH FIREARM,
RIFLE OR SHOTGUN, ORDER THE RETURN OF SUCH FIREARM, RIFLE OR SHOTGUN  TO
SUCH  LAWFUL  OWNER AND INFORM SUCH PERSON OF THEIR OBLIGATION TO SAFELY
STORE THEIR FIREARM, RIFLE, OR SHOTGUN IN ACCORDANCE WITH SECTION 265.45
OF THE PENAL LAW.
  § 6345. REQUEST FOR RENEWAL OF AN EXTREME RISK  PROTECTION  ORDER.  1.
IF  A PETITIONER BELIEVES A PERSON SUBJECT TO AN EXTREME RISK PROTECTION
ORDER CONTINUES TO BE LIKELY TO ENGAGE IN CONDUCT THAT WOULD  RESULT  IN
SERIOUS HARM TO HIMSELF, HERSELF, OR OTHERS, AS DEFINED IN PARAGRAPH ONE
OR  TWO  OF  SUBDIVISION  (A) OF SECTION 9.39 OF THE MENTAL HYGIENE LAW,
SUCH PETITIONER MAY, AT ANY TIME WITHIN SIXTY DAYS PRIOR TO THE  EXPIRA-
TION  OF SUCH EXISTING EXTREME RISK PROTECTION ORDER, INITIATE A REQUEST
FOR A RENEWAL OF SUCH ORDER, SETTING FORTH THE FACTS  AND  CIRCUMSTANCES
NECESSITATING  THE  REQUEST. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL
ADOPT FORMS THAT MAY BE USED FOR PURPOSES OF SUCH APPLICATIONS  AND  THE
COURT'S CONSIDERATION OF SUCH APPLICATIONS. THE COURT MAY ISSUE A TEMPO-
RARY  EXTREME  RISK  PROTECTION  ORDER IN ACCORDANCE WITH SECTION SIXTY-
THREE HUNDRED FORTY-TWO OF  THIS  ARTICLE,  DURING  THE  PERIOD  THAT  A
REQUEST FOR RENEWAL OF AN EXTREME RISK PROTECTION ORDER IS UNDER CONSID-
ERATION PURSUANT TO THIS SECTION.
  2.  A  HEARING HELD PURSUANT TO THIS SECTION SHALL BE CONDUCTED IN THE
SUPREME COURT, IN ACCORDANCE WITH  SECTION  SIXTY-THREE  HUNDRED  FORTY-
THREE  OF  THIS  ARTICLE,  TO  DETERMINE IF A REQUEST FOR RENEWAL OF THE
ORDER SHALL BE GRANTED. THE RESPONDENT  SHALL  BE  SERVED  WITH  WRITTEN
NOTICE  OF AN APPLICATION FOR RENEWAL A REASONABLE TIME BEFORE THE HEAR-
ING, AND SHALL BE AFFORDED AN OPPORTUNITY TO FULLY  PARTICIPATE  IN  THE
HEARING.  THE  COURT  SHALL  DIRECT  SERVICE OF SUCH APPLICATION AND THE
ACCOMPANYING PAPERS IN THE MANNER AND IN ACCORDANCE WITH THE PROTECTIONS
FOR THE PETITIONER SET FORTH IN SUBDIVISION SIX OF  SECTION  SIXTY-THREE
HUNDRED FORTY-TWO OF THIS ARTICLE.
  §  6346.  EXPIRATION  OF  AN  EXTREME  RISK  PROTECTION  ORDER.  1.  A
PROTECTION ORDER ISSUED PURSUANT TO THIS ARTICLE, AND ALL RECORDS OF ANY
PROCEEDINGS CONDUCTED PURSUANT TO THIS ARTICLE,  SHALL  BE  SEALED  UPON
EXPIRATION  OF  SUCH  ORDER  AND  THE  CLERK  OF  THE COURT WHEREIN SUCH
PROCEEDINGS WERE CONDUCTED SHALL IMMEDIATELY NOTIFY THE COMMISSIONER  OF
THE  DIVISION OF CRIMINAL JUSTICE SERVICES, THE HEADS OF ALL APPROPRIATE
POLICE DEPARTMENTS, APPLICABLE LICENSING OFFICERS, AND ALL OTHER  APPRO-

A. 8976--B                          8

PRIATE  LAW ENFORCEMENT AGENCIES THAT THE ORDER HAS EXPIRED AND THAT THE
RECORD OF SUCH PROTECTION ORDER SHALL BE SEALED AND NOT BE  MADE  AVAIL-
ABLE TO ANY PERSON OR PUBLIC OR PRIVATE ENTITY, EXCEPT THAT SUCH RECORDS
SHALL BE MADE AVAILABLE TO:
  (A) THE RESPONDENT OR THE RESPONDENT'S DESIGNATED AGENT;
  (B) COURTS IN THE UNIFIED COURT SYSTEM;
  (C)  POLICE  FORCES AND DEPARTMENTS HAVING RESPONSIBILITY FOR ENFORCE-
MENT OF THE GENERAL CRIMINAL LAWS OF THE STATE;
  (D) ANY STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY  FOR  THE
ISSUANCE  OF  LICENSES  TO POSSESS A FIREARM, RIFLE OR SHOTGUN, WHEN THE
RESPONDENT HAS MADE APPLICATION FOR SUCH A LICENSE; AND
  (E) ANY PROSPECTIVE EMPLOYER OF A POLICE OFFICER OR PEACE  OFFICER  AS
THOSE  TERMS ARE DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR OF
SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, IN RELATION TO  AN  APPLICA-
TION  FOR  EMPLOYMENT  AS  A  POLICE OFFICER OR PEACE OFFICER; PROVIDED,
HOWEVER, THAT EVERY PERSON WHO IS  AN  APPLICANT  FOR  THE  POSITION  OF
POLICE  OFFICER  OR  PEACE OFFICER SHALL BE FURNISHED WITH A COPY OF ALL
RECORDS OBTAINED UNDER THIS SUBPARAGRAPH AND AFFORDED AN OPPORTUNITY  TO
MAKE AN EXPLANATION THERETO.
  2. UPON EXPIRATION OF A PROTECTION ORDER ISSUED PURSUANT TO THIS ARTI-
CLE AND UPON WRITTEN APPLICATION OF THE RESPONDENT WHO IS THE SUBJECT OF
SUCH  ORDER,  WITH  NOTICE AND OPPORTUNITY TO BE HEARD TO THE PETITIONER
AND EVERY LICENSING  OFFICER  RESPONSIBLE  FOR  ISSUANCE  OF  A  FIREARM
LICENSE  TO THE SUBJECT OF THE ORDER PURSUANT TO ARTICLE FOUR HUNDRED OF
THE PENAL LAW, AND UPON A WRITTEN FINDING THAT THERE IS NO LEGAL  IMPED-
IMENT  TO THE RESPONDENT'S POSSESSION OF A SURRENDERED FIREARM, RIFLE OR
SHOTGUN, THE COURT SHALL ORDER THE RETURN OF A FIREARM, RIFLE OR SHOTGUN
NOT OTHERWISE DISPOSED OF IN ACCORDANCE WITH SUBDIVISION ONE OF  SECTION
SIXTY-THREE  HUNDRED FORTY-FOUR OF THIS ARTICLE. WHEN ISSUING SUCH ORDER
IN CONNECTION WITH ANY FIREARM SUBJECT TO A  LICENSE  REQUIREMENT  UNDER
ARTICLE  FOUR HUNDRED OF THE PENAL LAW, IF THE LICENSING OFFICER INFORMS
THE COURT THAT HE OR SHE WILL SEEK TO  REVOKE  THE  LICENSE,  THE  ORDER
SHALL BE STAYED BY THE COURT UNTIL THE CONCLUSION OF ANY LICENSE REVOCA-
TION PROCEEDING.
  §   6347.   EFFECT   OF  FINDINGS  AND  DETERMINATIONS  IN  SUBSEQUENT
PROCEEDINGS.  NOTWITHSTANDING ANY CONTRARY CLAIM BASED ON COMMON LAW  OR
A  PROVISION OF ANY OTHER LAW, NO FINDING OR DETERMINATION MADE PURSUANT
TO THIS ARTICLE SHALL BE INTERPRETED AS BINDING,  OR  HAVING  COLLATERAL
ESTOPPEL  OR  SIMILAR EFFECT, IN ANY OTHER ACTION OR PROCEEDING, OR WITH
RESPECT TO ANY OTHER DETERMINATION OR FINDING, IN ANY  COURT,  FORUM  OR
ADMINISTRATIVE PROCEEDING.
  §  2. Paragraph (b) of subdivision 5 of section 530.14 of the criminal
procedure law, as added by chapter 644 of the laws of 1996,  is  amended
to read as follows:
  (b)  The  prompt surrender of one or more firearms pursuant to a court
order issued pursuant to this section shall be  considered  a  voluntary
surrender  for purposes of subparagraph (f) of paragraph one of subdivi-
sion a of section 265.20 of the penal law. The disposition of  any  such
firearms  shall  be in accordance with the provisions of subdivision six
of section 400.05 of the penal law; PROVIDED, HOWEVER, THAT UPON  TERMI-
NATION  OF  ANY  SUSPENSION  ORDER  ISSUED  PURSUANT  TO THIS SECTION OR
SECTION EIGHT HUNDRED FORTY-TWO-A OF THE FAMILY COURT ACT, UPON  WRITTEN
APPLICATION  OF THE SUBJECT OF THE ORDER, WITH NOTICE AND OPPORTUNITY TO
BE HEARD TO THE DISTRICT ATTORNEY, THE COUNTY  ATTORNEY,  THE  PROTECTED
PARTY,  AND  EVERY  LICENSING  OFFICER  RESPONSIBLE  FOR  ISSUANCE  OF A
FIREARMS LICENSE TO THE SUBJECT OF THE ORDER PURSUANT  TO  ARTICLE  FOUR

A. 8976--B                          9

HUNDRED  OF  THE  PENAL LAW, AND UPON A WRITTEN FINDING THAT THERE IS NO
LEGAL IMPEDIMENT TO THE SUBJECT'S POSSESSION OF A  SURRENDERED  FIREARM,
RIFLE  OR  SHOTGUN, ANY COURT OF RECORD EXERCISING CRIMINAL JURISDICTION
MAY  ORDER  THE  RETURN  OF  A  FIREARM,  RIFLE OR SHOTGUN NOT OTHERWISE
DISPOSED OF IN ACCORDANCE WITH SUBDIVISION SIX OF SECTION 400.05 OF  THE
PENAL  LAW.    WHEN  ISSUING  SUCH  ORDER IN CONNECTION WITH ANY FIREARM
SUBJECT TO A LICENSE REQUIREMENT UNDER ARTICLE FOUR HUNDRED OF THE PENAL
LAW, IF THE LICENSING OFFICER INFORMS THE COURT THAT HE OR SHE WILL SEEK
TO REVOKE THE LICENSE, THE ORDER SHALL BE STAYED BY THE COURT UNTIL  THE
CONCLUSION OF ANY LICENSE REVOCATION PROCEEDING.
  §  3. Section 265.45 of the penal law, as amended by section 3 of part
FF of chapter 57 of the laws of 2013, is amended to read as follows:
§ 265.45 Safe storage of rifles, shotguns, and firearms.
  No person who owns or is custodian of a rifle, shotgun or firearm  who
resides  with  an individual who such person knows or has reason to know
is prohibited from possessing a firearm pursuant to 18 U.S.C.  §  922(g)
(1),  (4),  (8) or (9), OR PURSUANT TO A TEMPORARY OR FINAL EXTREME RISK
PROTECTION ORDER ISSUED UNDER ARTICLE SIXTY-THREE-A OF THE  CIVIL  PRAC-
TICE  LAW  AND RULES, shall store or otherwise leave such rifle, shotgun
or firearm out of his or her immediate  possession  or  control  without
having first securely locked such rifle, shotgun or firearm in an appro-
priate  safe  storage depository or rendered it incapable of being fired
by use of a gun locking device appropriate to that weapon. For  purposes
of  this  section  "safe  storage depository" shall mean a safe or other
secure container which, when locked, is incapable of being opened  with-
out  the key, combination or other unlocking mechanism and is capable of
preventing  an  unauthorized  person  from  obtaining  access   to   and
possession of the weapon contained therein. With respect to a person who
is  prohibited from possessing a firearm pursuant to 18 USC § 922(g)(9),
for purposes of this section, this section applies only if  such  person
has  been  convicted  of  a crime included in subdivision one of section
370.15 of the criminal procedure law and such gun  is  possessed  within
five  years  from  the  later of the date of conviction or completion of
sentence. Nothing in this section shall be deemed to affect,  impair  or
supersede  any  special  or  local  act  relating to the safe storage of
rifles, shotguns or firearms which impose additional requirements on the
owner or custodian of such weapons.
  A violation of this section shall constitute a class A misdemeanor.
  § 4. This act shall take effect on the two hundred tenth day after  it
shall have become a law.