NY State Senate Bill 2017-S4824

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 03, 2018	referred to judiciary
Mar 02, 2017	referred to judiciary

co-Sponsors

2017-S4824 (ACTIVE) - Details

See Assembly Version of this Bill:: A3661
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 2015-2016 Legislative Session:: S4389, A4277

2017-S4824 (ACTIVE) - 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.

2017-S4824 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4824

 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 :

2015-2016: Died in committee.

 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.

2017-S4824 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4824
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2017
                                ___________
 
 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.
   §  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.
                                                            LBD05908-01-7

 S. 4824                             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. 4824                             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.
   §  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. 4824                             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. 4824                             5
 
   §  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.
   (2)  IN  DETERMINING  WHETHER  GROUNDS  FOR A GUN VIOLENCE RESTRAINING
 ORDER EXIST, THE COURT MAY CONSIDER ANY OTHER EVIDENCE OF  AN  INCREASED

 S. 4824                             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" 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.
   (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. 4824                             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.
   §  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.
   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. 4824                             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
 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
 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. 4824                             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.
   § 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. 4824                            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.
   § 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 S4824

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

2017-S4824 (ACTIVE) - Details

2017-S4824 (ACTIVE) - Summary

2017-S4824 (ACTIVE) - Sponsor Memo

2017-S4824 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4824

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

Tony Avella

John E. Brooks

Todd Kaminsky

Jose M. Serrano

2017-S4824 (ACTIVE) - Details

2017-S4824 (ACTIVE) - Summary

2017-S4824 (ACTIVE) - Sponsor Memo

2017-S4824 (ACTIVE) - Bill Text download pdf

Comments