senate Bill S7133

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Codes Committee


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

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 22, 2018 reported and committed to codes
Mar 22, 2018 notice of committee consideration - requested
Feb 02, 2018 print number 7133a
Feb 02, 2018 amend and recommit to judiciary
Jan 03, 2018 referred to judiciary

Votes

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May 22, 2018 - Judiciary committee Vote

S7133A
15
3
committee
15
Aye
3
Nay
4
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Co-Sponsors

view additional co-sponsors

S7133 - Details

See Assembly Version of this Bill:
A8976A
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

S7133 - 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.

S7133 - Sponsor Memo

S7133 - Bill Text download pdf

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

                                  7133

                            I N  S E N A T E

                               (PREFILED)

                             January 3, 2018
                               ___________

Introduced  by  Sens.  KAVANAGH,  HOYLMAN,  ALCANTARA, AVELLA, HAMILTON,
  MONTGOMERY, PERSAUD, SANDERS, SAVINO -- read twice and ordered  print-
  ed, 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 is amended by adding a new
article 63-A to read as follows:
                              ARTICLE 63-A
                     EXTREME RISK PROTECTION ORDERS
SECTION 6340. DEFINITIONS.
        6341. APPLICATION FOR AN EXTREME RISK PROTECTION ORDER.
        6342. ISSUANCE OF A TEMPORARY EXTREME RISK PROTECTION ORDER.
        6343. ISSUANCE OF A FINAL EXTREME RISK PROTECTION ORDER.
        6344. SURRENDER  AND  REMOVAL  OF  FIREARMS, RIFLES AND SHOTGUNS
               PURSUANT TO AN EXTREME RISK PROTECTION ORDER.
        6345. REQUEST FOR RENEWAL OF AN EXTREME RISK PROTECTION ORDER.
        6346. EXPIRATION OF AN EXTREME RISK PROTECTION ORDER.
        6347. EFFECT  OF  FINDINGS  AND  DETERMINATIONS  IN   SUBSEQUENT
               PROCEEDINGS.
  S 6340. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1.  "EXTREME  RISK  PROTECTION  ORDER"  MEANS  A COURT-ISSUED ORDER OF
PROTECTION PROHIBITING A PERSON FROM PURCHASING, POSSESSING OR  ATTEMPT-
ING TO PURCHASE OR POSSESS A FIREARM, RIFLE OR SHOTGUN.
  2.  "PETITIONER"  MEANS:  (A)  A POLICE OFFICER, AS DEFINED IN SECTION
1.20 OF THE CRIMINAL PROCEDURE LAW, OR DISTRICT ATTORNEY WITH  JURISDIC-
TION  IN  THE  COUNTY OR CITY WHERE THE PERSON AGAINST WHOM THE ORDER IS
SOUGHT RESIDES; 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.

Sponsor's Position

Extreme risk protection orders save lives -- it’s that simple.

Co-Sponsors

view additional co-sponsors

S7133A (ACTIVE) - Details

See Assembly Version of this Bill:
A8976A
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

S7133A (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.

S7133A (ACTIVE) - Sponsor Memo

S7133A (ACTIVE) - Bill Text download pdf

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

                                 7133--A

                            I N  S E N A T E

                               (PREFILED)

                             January 3, 2018
                               ___________

Introduced  by  Sens.  KAVANAGH,  HOYLMAN,  ADDABBO,  ALCANTARA, AVELLA,
  BAILEY, BENJAMIN,  BRESLIN,  HAMILTON,  KRUEGER,  MONTGOMERY,  PARKER,
  PERALTA,  PERSAUD,  RIVERA, SANDERS, SAVINO, SERRANO, STAVISKY -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on Judiciary -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted 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.
  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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