§ 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
shotgun 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
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
determination. 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
procedure 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
temporary 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
with the procedures of article six hundred ninety of the criminal
procedure law.

4. (a) The court shall notify the division of state police, any other
law enforcement agency with jurisdiction, all applicable licensing
officers, 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
immediately 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
immediately 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
finding 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
providing reasonable notice to the petitioner. The respondent shall bear
the burden to prove, by clear and convincing evidence, any change of
circumstances that may justify a change to the order.