|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 29, 2018||recommit, enacting clause stricken|
|Jan 03, 2018||referred to judiciary|
|Mar 29, 2017||referred to judiciary|
senate Bill S5447
Archive: Last Bill Status - Stricken
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S5447 (ACTIVE) - Details
- Current Committee:
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Add Art 63-A §§6340 - 6347, CPLR; amd §530.14, CP L; amd §265.45, Pen L
S5447 (ACTIVE) - Summary
Establishes extreme risk protection orders as a court-issued order of protection prohibiting a person from purchasing, possessing or attempting to purchase or possess a firearm, rifle or shotgun and establishes procedures for the application, administration, and expiration or termination of such protection orders.
S5447 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5447 TITLE OF BILL : 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 PURPOSE : To prevent individuals from accessing firearms, rifles, and shotguns who have been deemed, through judicial process, likely to engage in conduct that would result in serious harm to themselves or others. SUMMARY OF PROVISIONS : Section one of the bill creates a new Article 63-A of Civil Practice Law and Rules to establish extreme risk protection orders. The new sections of Article 63-A are summarized as follows: Section 6340 establishes definitions. It defines "extreme risk protection order" to mean a court-issued order of protection prohibiting a person from purchasing, possessing, or attempting to purchase or possess a firearm, rifle or shotgun. Section 6341 sets forth the application process for those seeking an
S5447 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5447 2017-2018 Regular Sessions I N S E N A T E March 29, 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 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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