senate Bill S5447

2017-2018 Legislative Session

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

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Sponsored By

Current Bill Status - Stricken


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

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Actions

view actions (3)
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

Co-Sponsors

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S5447 - Details

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 - 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 - Sponsor Memo

S5447 - 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.
  S 6340. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1.  "EXTREME  RISK  PROTECTION  ORDER"  MEANS  A COURT-ISSUED ORDER OF
PROTECTION PROHIBITING A PERSON FROM PURCHASING, POSSESSING OR  ATTEMPT-
ING TO PURCHASE OR POSSESS A FIREARM, RIFLE OR SHOTGUN.
  2.  "PETITIONER"  MEANS:  (A)  A POLICE OFFICER, AS DEFINED IN SECTION
1.20 OF THE CRIMINAL PROCEDURE LAW, OR DISTRICT ATTORNEY WITH  JURISDIC-
TION  IN  THE  COUNTY OR CITY WHERE THE PERSON AGAINST WHOM THE ORDER IS
SOUGHT RESIDES; OR (B) A FAMILY  OR  HOUSEHOLD  MEMBER,  AS  DEFINED  IN

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

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