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This entry was published on 2019-08-30
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Expiration of an extreme risk protection order
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 63-A
§ 6346. Expiration of an extreme risk protection order. 1. A
protection order issued pursuant to this article, and all records of any
proceedings conducted pursuant to this article, shall be sealed upon
expiration of such order and the clerk of the court wherein such
proceedings were conducted shall immediately notify the commissioner of
the division of criminal justice services, the heads of all appropriate
police departments, applicable licensing officers, and all other
appropriate law enforcement agencies that the order has expired and that
the record of such protection order shall be sealed and not be made
available to any person or public or private entity, except that such
records shall be made available to:

(a) the respondent or the respondent's designated agent;

(b) courts in the unified court system;

(c) police forces and departments having responsibility for
enforcement of the general criminal laws of the state;

(d) any state or local officer or agency with responsibility for the
issuance of licenses to possess a firearm, rifle or shotgun, when the
respondent has made application for such a license; and

(e) any prospective employer of a police officer or peace officer as
those terms are defined in subdivisions thirty-three and thirty-four of
section 1.20 of the criminal procedure law, in relation to an
application for employment as a police officer or peace officer;
provided, however, that every person who is an applicant for the
position of police officer or peace officer shall be furnished with a
copy of all records obtained under this subparagraph and afforded an
opportunity to make an explanation thereto.

2. Upon expiration of a protection order issued pursuant to this
article and upon written application of the respondent who is the
subject of such order, with notice and opportunity to be heard to the
petitioner and every licensing officer responsible for issuance of a
firearm license to the subject of the order pursuant to article four
hundred of the penal law, and upon a written finding that there is no
legal impediment to the respondent's possession of a surrendered
firearm, rifle or shotgun, the court shall order the return of a
firearm, rifle or shotgun not otherwise disposed of in accordance with
subdivision one of section sixty-three hundred forty-four of this
article. When issuing such order in connection with any firearm subject
to a license requirement under article four hundred of the penal law, if
the licensing officer informs the court that he or she will seek to
revoke the license, the order shall be stayed by the court until the
conclusion of any license revocation proceeding.