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A06994 Summary:

A06994 Floor Votes:

A06994 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A6994
 
SPONSOR: Kavanagh

 
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
order of protection. The petitioner files a sworn application describing
the circumstances and justification for the request.
 
Section 6342 describes the process for the issuance of a temporary
extreme risk protection order:
 
To grant a temporary extreme risk protection order, the court must find
that there is probable cause to believe 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 must also evaluate
other relevant factors specified in the bill.
 
- If the application is granted, a temporary extreme risk protection
order will be issued. This will prohibit the respondent from purchasing,
possessing, or attempting to purchase or possess a firearm, rifle, or
shotgun while the order is in effect, and to surrender any firearms,
rifles or shotguns to law enforcement pending a court hearing to be held
no sooner than three days nor longer than six days after the issuance of
a temporary order, unless the respondent requests more time to prepare,
to determine whether a final extreme risk protection order will be
issued.
 
Section 6343 describes the issuance of a final extreme risk protection
order:
 
-At the hearing, the petitioner must prove by clear and convincing
evidence that the petitioner 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.
 
-If the final order is granted by the court, any firearm, rifle, or
shotgun removed under a temporary order will be retained by the law
enforcement agency and the respondent will be prohibited from purchas-
ing, attempting to purchase, or possessing a firearm, rifle or shotgun
for up to one year, subject to renewal. Any firearm license will also be
suspended for the duration of the time that the extreme risk protection
order is in effect.
 
-The respondent is permitted to appeal a court's decision to issue an
extreme risk protection order under the existing appeals procedure
provided in the civil practice laws and rules. Additionally, the
respondent is entitled to submit one request, at any time during the
effective period of an extreme risk protection order, for a hearing at
which said respondent bears the burden to prove, by clear and convincing
evidence, any change of circumstances that may justify a change to the
order.
 
Section 6344 sets forth how firearms, rifles, and shotguns shall be
surrendered to or removed by law enforcement officers:
 
-The law enforcement officer must leave or mail a receipt or voucher to
the location where the property was found.
 
-Law enforcement must retain any firearm, rifle or shotgun surrendered
or removed pursuant to an extreme risk protection order for at least two
years following the expiration of the order unless otherwise transferred
or sold.
 
Section 6345 lays out the process for a request for renewal of an
extreme risk protection order:
 
-The petitioner may file a request for a renewal of an extreme risk
protection order within 60 days of the expiration of an existing order.
Pursuant to such a request a hearing must be conducted in accordance
with section 6343 of this article to determine if the renewal is justi-
fied.
 
Section 6346 discusses the expiration of an extreme risk protection
order:
 
-The section provides for sealing of all records upon expiration of an
order, with limited availability to relevant parties. The section also
outlines how the return of a firearm, rifle, or shotgun shall take
place.
 
Section 6347 states that findings relevant to an extreme risk protection
order shall not have any effect on any other action or proceeding.
 
Section two of the bill amends the criminal procedure law to outline the
procedure for the return of a firearm, rifle, or shotgun following the
expiration of any suspension order.
 
Section three of the bill amends the penal law to include temporary or
final extreme risk protection orders in the safe storage provision.
 
Section four of the bill sets forth the effective date.
 
 
JUSTIFICATION:
Family and household members are often the first to know when someone is
experiencing a crisis or exhibiting dangerous behavior. They may even
report their fears to law enforcement, but in New York, as in many other
states, law enforcement officers may not have the authority to intervene
based on the evidence they are provided, sometimes resulting in prevent-
able tragedies, including interpersonal gun violence or suicide involv-
ing a gun.
 
In 2014, California became the first state in the nation to enact a law
empowering family members and law enforcement to petition a court to
have individuals' access to guns temporarily suspended when they are at
risk of harming themselves or others. In 2016, Washington State enacted
similar measures through a ballot initiative. Laws providing a procedure
for the removal of firearms from at-risk individuals have existed for
years in Indiana, and studies have shown that a similar provision of
Connecticut law has resulted in a measurable reduction in suicide rates.
 
Enacting extreme risk protection orders here would keep New Yorkers safe
while respecting due process rights.
 
 
FISCAL IMPACT ON THE STATE:
 
Some costs associated with the implementation and administration of the
procedures established by this legislation, possibly offset by a
reduction in costs related to gun violence.
 
 
FISCAL IMPACT ON LOCALITIES:
 
Some costs associated with the implementation and administration of the
procedures established by this legislation, possibly offset by a
reduction in costs related to gun violence.
 
 
IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS:
 
Individuals who are subject to an order issued by a court would have
their rights to access guns temporarily suspended.
 
 
IMPACT ON FINES, IMPRISONMENT, FORFEITURE OF RIGHTS, OR OTHER PENAL
SANCTIONS:

An individual who violates an order would be subject to the penalties
under existing New York law for a prohibited person who possesses,
purchases, or attempts to possess or purchase a firearm, rifle, or shot-
gun.
 
 
LEGISLATIVE HISTORY:
 
2016: A07038 (Kavanagh) - Codes
2015: A07038 (Kavanagh) - Codes
 
 
EFFECTIVE DATE:
This act shall take effect on the 180th day after it shall have become a
law.

A06994 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6994
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 28, 2017
                                       ___________
 
        Introduced  by M. of A. KAVANAGH, STECK -- read once and referred to the
          Committee on Codes
 
        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:
 
     1    Section 1. The civil practice law and rules are amended  by  adding  a
     2  new article 63-A to read as follows:
     3                                ARTICLE 63-A
     4                       EXTREME RISK PROTECTION ORDERS
     5  Section 6340. Definitions.
     6          6341. Application for an extreme risk protection order.
     7          6342. Issuance of a temporary extreme risk protection order.
     8          6343. Issuance of a final extreme risk protection order.
     9          6344. Surrender  and  removal  of  firearms, rifles and shotguns
    10                 pursuant to an extreme risk protection order.
    11          6345. Request for renewal of an extreme risk protection order.
    12          6346. Expiration of an extreme risk protection order.
    13          6347. Effect  of  findings  and  determinations  in   subsequent
    14                 proceedings.
    15    § 6340. Definitions. For the purposes of this article:
    16    1.  "Extreme  risk  protection  order"  means  a court-issued order of
    17  protection prohibiting a person from purchasing, possessing or  attempt-
    18  ing to purchase or possess a firearm, rifle or shotgun.
    19    2.  "Petitioner"  means:  (a)  a police officer, as defined in section
    20  1.20 of the criminal procedure law, or district attorney with  jurisdic-
    21  tion  in  the  county or city where the person against whom the order is
    22  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
        A. 6994                             2
 
     1  subdivision  two  of  section  four  hundred  fifty-nine-a of the social
     2  services law, of the person against whom the order is sought.
     3    3.  "Respondent"  means  the  person  against  whom  an  extreme  risk
     4  protection order is or may be sought under this article.
     5    § 6341. Application for an extreme risk protection order.  In  accord-
     6  ance  with  this article, a petitioner may file a sworn application, and
     7  accompanying supporting  documentation,  setting  forth  the  facts  and
     8  circumstances  justifying  the  issuance  of  an extreme risk protection
     9  order. Such application and supporting documentation shall be  filed  in
    10  the  supreme  court  in  the county in which the respondent resides. The
    11  chief administrator of the courts shall adopt forms that may be used for
    12  purposes of such applications and  the  court's  consideration  of  such
    13  applications.  Such application form shall include inquiry as to whether
    14  the petitioner knows, or has reason  to  believe,  that  the  respondent
    15  owns,  possesses or has access to a firearm, rifle or shotgun and if so,
    16  a request that the petitioner list or describe such firearms, rifles and
    17  shotguns, and the respective locations thereof, with as much specificity
    18  as possible.
    19    § 6342. Issuance of a temporary  extreme  risk  protection  order.  1.
    20  Upon application of a petitioner pursuant to this article, the court may
    21  issue  a temporary extreme risk protection order, ex parte or otherwise,
    22  to prohibit the respondent from purchasing, possessing or attempting  to
    23  purchase  or  possess  a  firearm, rifle or shotgun, upon a finding that
    24  there is probable cause to believe the respondent is likely to engage in
    25  conduct that would result in serious harm to himself, herself or others,
    26  as defined in paragraph one or two of subdivision (a) of section 9.39 of
    27  the mental hygiene law. Such application for a temporary order shall  be
    28  determined in writing on the same day the application is filed.
    29    2.  In  determining  whether  grounds  for  a  temporary  extreme risk
    30  protection order exist, the court shall consider  any  relevant  factors
    31  including, but not limited to, the following acts of the respondent:
    32    (a)  a  threat  or  act  of violence or use of physical force directed
    33  toward the petitioner or another person;
    34    (b) a violation or alleged violation of an order of protection;
    35    (c) any pending charge or conviction for an offense involving the  use
    36  of a weapon;
    37    (d)  the  reckless  use, display or brandishing of a firearm, rifle or
    38  shotgun;
    39    (e) any history of a violation of an extreme risk protection order;
    40    (f) evidence of recent or ongoing abuse of  controlled  substances  or
    41  alcohol; or
    42    (g)  evidence  of  recent  acquisition of a firearm, rifle, shotgun or
    43  other deadly weapon or dangerous instrument, or any ammunition therefor.
    44    In considering the factors under this  subdivision,  the  court  shall
    45  consider  the  time that has elapsed since the occurrence of such act or
    46  acts and the age of the person at the time of the occurrence of such act
    47  or acts.
    48    3. The application of the petitioner and supporting documentation,  if
    49  any,  shall  set  forth  the  factual basis for the request and probable
    50  cause for issuance of a temporary order. The court may conduct an  exam-
    51  ination  under oath of the petitioner and any witness the petitioner may
    52  produce.
    53    4. A temporary extreme risk  protection  order,  if  warranted,  shall
    54  issue in writing, and shall include:
    55    (a) a statement of the grounds found for the issuance of the order;
    56    (b) the date and time the order expires;
        A. 6994                             3
 
     1    (c) the address of the court that issued the order;
     2    (d)  a  statement to the respondent: (i) directing that the respondent
     3  may not purchase, possess or attempt to purchase or possess  a  firearm,
     4  rifle  or  shotgun  while  the  order is in effect and that any firearm,
     5  rifle or shotgun possessed by such respondent shall be promptly  surren-
     6  dered to any authorized law enforcement official;
     7    (ii)  informing  the  respondent that the court will hold a hearing no
     8  sooner than three nor more than six business days after service  of  the
     9  temporary  order,  to  determine whether a final extreme risk protection
    10  order will be issued and the date, time and location  of  such  hearing,
    11  provided  that  the  respondent  shall be entitled to more than six days
    12  upon request in order to prepare for the hearing;  and  (iii)  informing
    13  the respondent the he or she may seek the advice of an attorney and that
    14  an attorney should be consulted promptly; and
    15    (e)  a form to be completed and executed by the respondent at the time
    16  of service of the temporary extreme risk protection order which  elicits
    17  a  list of all firearms, rifles and shotguns possessed by the respondent
    18  and the particular location of each firearm, rifle or shotgun listed.
    19    5. If the application for a temporary extreme risk protection order is
    20  not granted, the court shall  notify  the  petitioner  and,  unless  the
    21  application  is  voluntarily  withdrawn  by  the petitioner, nonetheless
    22  schedule  a  hearing  on  the  application  for  a  final  extreme  risk
    23  protection  order.  Such hearing shall be scheduled to be held promptly,
    24  but in any event no later than ten business days after the date on which
    25  such application is served on the respondent,  provided,  however,  that
    26  the  respondent may request, and the court may grant, additional time to
    27  allow the respondent to prepare for the hearing. A notice of such  hear-
    28  ing  shall  be prepared by the court and shall include the date and time
    29  of the hearing, the address of the court, and the subject of  the  hear-
    30  ing.
    31    6.  (a)  The  court shall, in the manner specified in paragraph (b) of
    32  this subdivision, arrange for prompt service of a copy of the  temporary
    33  extreme  risk protection order, if any, the application therefor and, if
    34  separately applied for or if a temporary extreme risk  protection  order
    35  was  not  granted, the application for an extreme risk protection order,
    36  any notice of hearing prepared by the court, along with  any  associated
    37  papers   including   the  petition  and  any  supporting  documentation,
    38  provided, that the court may redact the address and contact  information
    39  of the petitioner from such application and papers where the court finds
    40  that  disclosure of such address or other contact information would pose
    41  an unreasonable risk to the health or safety of the petitioner.
    42    (b) The court shall provide copies of such documents to the  appropri-
    43  ate  law enforcement agency serving the jurisdiction of the respondent's
    44  residence with a direction that such documents be promptly served on the
    45  respondent; provided,  however,  that  the  petitioner  may  voluntarily
    46  arrange for service of copies of such order and associated papers though
    47  a third party, such as a licensed process server.
    48    7.  (a) The court shall notify the division of state police, any other
    49  law enforcement agency with jurisdiction, all applicable licensing offi-
    50  cers, and the division of criminal justice services of the issuance of a
    51  temporary extreme risk protection order and provide a copy of such order
    52  no later than the next business day after  issuing  the  order  to  such
    53  persons  or  agencies. The court also shall promptly notify such persons
    54  and agencies and provide a copy of any order amending or  revoking  such
    55  protection order or restoring the respondent's ability to own or possess
    56  firearms,  rifles  or shotguns no later than the next business day after
        A. 6994                             4
 
     1  issuing the order to restore such right to the respondent. Any notice or
     2  report submitted pursuant to this subdivision shall be in an  electronic
     3  format,  in  a  manner  prescribed  by  the division of criminal justice
     4  services.
     5    (b)  Upon receiving notice of the issuance of a temporary extreme risk
     6  protection order, the division of criminal justice services shall  imme-
     7  diately  report  the  existence  of  such order to the federal bureau of
     8  investigation to allow the bureau to identify  persons  prohibited  from
     9  purchasing  firearms,  rifles or shotguns. The division shall also imme-
    10  diately report to the bureau  the  expiration  of  any  such  protection
    11  order,  any  court  order  amending or revoking such protection order or
    12  restoring the respondent's ability to purchase a firearm, rifle or shot-
    13  gun.
    14    8. The issuance of a temporary extreme  risk  protection  order  shall
    15  constitute  authority  and  direction for a police officer to remove all
    16  firearms, rifles and shotguns in the respondent's possession. As part of
    17  the order, the court may also direct a  police  officer  to  search  for
    18  firearms, rifles and shotguns in the respondent's possession in a manner
    19  consistent  with  the  procedures  of  article six hundred ninety of the
    20  criminal procedure law.
    21    9. Upon issuance of a temporary extreme risk protection order, or upon
    22  setting a hearing for a final extreme  risk  protection  order  where  a
    23  temporary  order  is denied or not requested, the court shall direct the
    24  law enforcement agency  having  jurisdiction  to  conduct  a  background
    25  investigation  and  report  to the court and, subject to any appropriate
    26  redactions to protect any  person,  each  party  regarding  whether  the
    27  respondent:
    28    (a)  has any prior criminal conviction for an offense involving domes-
    29  tic violence, use of a weapon, or other violence;
    30    (b) has any criminal charge or violation currently pending against him
    31  or her;
    32    (c) is currently on parole or probation;
    33    (d) possesses any registered firearms, rifles or shotguns; and
    34    (e) has been, or is,  subject  to  any  order  of  protection  or  has
    35  violated or allegedly violated any order of protection.
    36    §  6343.  Issuance  of  a  final  extreme risk protection order. 1. In
    37  accordance with this article, no sooner than  three  business  days  nor
    38  later  than  six business days after service of a temporary extreme risk
    39  protection order and, alternatively, no later  than  ten  business  days
    40  after  service  of  an application under this article where no temporary
    41  extreme risk protection order has been issued, the supreme  court  shall
    42  hold  a  hearing  to  determine  whether  to  issue a final extreme risk
    43  protection order and, when applicable, whether a firearm, rifle or shot-
    44  gun surrendered by, or removed from, the respondent should  be  returned
    45  to  the  respondent.  The  respondent shall be entitled to more than six
    46  business days if a temporary extreme  risk  protection  order  has  been
    47  issued  and  the  respondent  requests a reasonable period of additional
    48  time to prepare for the hearing.  Where  no  temporary  order  has  been
    49  issued,  the respondent may request, and the court may grant, additional
    50  time beyond the ten days to allow the  respondent  to  prepare  for  the
    51  hearing.
    52    2.  At  the  hearing  pursuant to subdivision one of this section, the
    53  petitioner shall have the burden of proving,  by  clear  and  convincing
    54  evidence,  that the respondent is likely to engage in conduct that would
    55  result in serious harm to himself, herself  or  others,  as  defined  in
    56  paragraph  one  or  two of subdivision (a) of section 9.39 of the mental
        A. 6994                             5
 
     1  hygiene law. The court  may  consider  the  petition  and  any  evidence
     2  submitted  by  the petitioner, any evidence submitted by the respondent,
     3  any testimony presented, and the report of the relevant law  enforcement
     4  agency  submitted  pursuant  to  subdivision nine of section sixty-three
     5  hundred forty-two of this article. The court  shall  also  consider  the
     6  factors  set  forth  in  subdivision  two of section sixty-three hundred
     7  forty-two of this article.
     8    3. (a) After the hearing pursuant to subdivision one of this  section,
     9  the  court  shall  issue a written order granting or denying the extreme
    10  risk protection order and setting forth the reasons  for  such  determi-
    11  nation. If the extreme risk protection order is granted, the court shall
    12  direct  service  of  such order in the manner and in accordance with the
    13  protections for the petitioner set forth in subdivision six  of  section
    14  sixty-three hundred forty-two of this article.
    15    (b)  Upon  issuance  of  an  extreme  risk  protection  order: (i) any
    16  firearm, rifle or shotgun removed pursuant to a temporary  extreme  risk
    17  protection order or such extreme risk protection order shall be retained
    18  by  the  law  enforcement agency having jurisdiction for the duration of
    19  the order, unless ownership of the firearm, rifle or shotgun is  legally
    20  transferred  by the respondent to another individual permitted by law to
    21  own and possess such firearm, rifle or shotgun; (ii) the  supreme  court
    22  shall  temporarily suspend any existing firearm license possessed by the
    23  respondent and order the respondent temporarily ineligible  for  such  a
    24  license;  (iii)  the  respondent  shall be prohibited from purchasing or
    25  possessing, or attempting to purchase or possess, a  firearm,  rifle  or
    26  shotgun; and (iv) the court shall direct the respondent to surrender any
    27  firearm, rifle or shotgun in his or her possession.
    28    (c)  An  extreme  risk protection order issued in accordance with this
    29  section shall extend, as specified by the court, for a period of  up  to
    30  one year from the date of the issuance of such order; provided, however,
    31  that  if such order was immediately preceded by the issuance of a tempo-
    32  rary extreme risk protection order, then the  duration  of  the  extreme
    33  risk  protection  order  shall  be measured from the date of issuance of
    34  such temporary extreme risk protection order.
    35    (d) The issuance of  a  final  extreme  risk  protection  order  shall
    36  constitute  authority  and  direction for a police officer to remove all
    37  firearms, rifles and shotguns in the respondent's possession. As part of
    38  the order, the court may also direct a  police  officer  to  search  for
    39  firearms,  rifles  and  shotguns in a respondent's possession consistent
    40  with the procedures of article six hundred ninety of the criminal proce-
    41  dure law.
    42    4. (a) The court shall notify the division of state police, any  other
    43  law enforcement agency with jurisdiction, all applicable licensing offi-
    44  cers, and the division of criminal justice services of the issuance of a
    45  final  extreme risk protection order and provide a copy of such order to
    46  such persons and agencies no later than  the  next  business  day  after
    47  issuing the order. The court also shall promptly notify such persons and
    48  agencies  and  provide  a  copy  of  any order amending or revoking such
    49  protection order or restoring the respondent's ability to own or possess
    50  firearms, rifles or shotguns no later than the next business  day  after
    51  issuing the order to restore such right to the respondent. Any notice or
    52  report  submitted pursuant to this subdivision shall be in an electronic
    53  format, in a manner prescribed  by  the  division  of  criminal  justice
    54  services.
    55    (b)  Upon  receiving  notice  of  the issuance of a final extreme risk
    56  protection order, the division of criminal justice services shall  imme-
        A. 6994                             6
 
     1  diately  report  the  existence  of  such order to the federal bureau of
     2  investigation to allow the bureau to identify  persons  prohibited  from
     3  purchasing  firearms,  rifles or shotguns. The division shall also imme-
     4  diately report to the bureau the expiration of such protection order and
     5  any  court order amending or revoking such protection order or restoring
     6  the respondent's ability to purchase a firearm, rifle or shotgun.
     7    5. (a) If, in accordance with  a  temporary  extreme  risk  protection
     8  order,  a  firearm,  rifle or shotgun has been surrendered by or removed
     9  from the respondent, and the supreme court subsequently finds  that  the
    10  petitioner has not met the required standard of proof, the court's find-
    11  ing shall include a written order, issued to all parties, directing that
    12  any  firearm,  rifle  or shotgun surrendered or removed pursuant to such
    13  temporary order shall be returned to the respondent.
    14    (b) If any other person demonstrates that he  or  she  is  the  lawful
    15  owner  of  any firearm, rifle or shotgun surrendered or removed pursuant
    16  to a protection order  issued  in  accordance  with  this  article,  and
    17  provided that there is no legal impediment to the person's possession of
    18  a surrendered or removed firearm, rifle or shotgun, the court may, after
    19  notice  to  the parties and an opportunity to be heard, direct that such
    20  firearm, rifle or shotgun be returned to such lawful owner.
    21    6. The respondent shall be notified on the record and  in  writing  by
    22  the  court  that  he  or she may submit one written request, at any time
    23  during the effective period of an extreme risk protection order,  for  a
    24  hearing  setting  aside  any portion of such order. The request shall be
    25  submitted in substantially the same form and manner as prescribed by the
    26  chief administrator of the courts. Upon such request,  the  court  shall
    27  promptly  hold a hearing, in accordance with this article, after provid-
    28  ing reasonable notice to the petitioner.  The respondent shall bear  the
    29  burden to prove, by clear and convincing evidence, any change of circum-
    30  stances that may justify a change to the order.
    31    §  6344. Surrender and removal of firearms, rifles and shotguns pursu-
    32  ant to an extreme risk protection order. 1. When a law enforcement offi-
    33  cer takes any firearm, rifle or shotgun pursuant to a temporary  extreme
    34  risk  protection  order  or  a  final extreme risk protection order, the
    35  officer shall give to the person from whom such firearm, rifle or  shot-
    36  gun is taken a receipt or voucher for the property taken, describing the
    37  property  in detail. In the absence of a person, the officer shall leave
    38  the receipt or voucher in the place where the property was found, mail a
    39  copy of the receipt or voucher, retaining proof of mailing, to the  last
    40  known  address  of  the  respondent  and, if different, the owner of the
    41  firearm, rifle or shotgun, and file a copy of such  receipt  or  voucher
    42  with the court. All firearms, rifles and shotguns in the possession of a
    43  law  enforcement  official  pursuant to this article shall be subject to
    44  the provisions of applicable law, including but not limited to  subdivi-
    45  sion six of section 400.05 of the penal law; provided, however, that any
    46  such  firearm, rifle or shotgun shall be retained and not disposed of by
    47  the law enforcement agency for at least two years unless legally  trans-
    48  ferred  by  the  respondent to an individual permitted by law to own and
    49  possess such firearm, rifle or shotgun.
    50    2. If the location to be searched during the execution of a  temporary
    51  extreme risk protection order or extreme risk protection order is joint-
    52  ly  occupied  by  two  or  more parties, and a firearm, rifle or shotgun
    53  located during the execution of such order is owned by  a  person  other
    54  than  the  respondent, the court may allow return of such firearm, rifle
    55  or shotgun if it is demonstrated that the firearm, rifle or shotgun will
    56  be safely stored in a manner consistent with section 265.45 of the penal
        A. 6994                             7
 
     1  law, so that the respondent will not have access to or  control  of  the
     2  firearm,  rifle  or  shotgun,  and  there  is  no  evidence  of unlawful
     3  possession of the firearm, rifle or shotgun by the owner.
     4    §  6345.  Request  for renewal of an extreme risk protection order. 1.
     5  If a petitioner believes a person subject to an extreme risk  protection
     6  order  continues  to be likely to engage in conduct that would result in
     7  serious harm to himself, herself, or others, as defined in paragraph one
     8  or two of subdivision (a) of section 9.39 of  the  mental  hygiene  law,
     9  such  petitioner may, at any time within sixty days prior to the expira-
    10  tion of such existing extreme risk protection order, initiate a  request
    11  for  a  renewal of such order, setting forth the facts and circumstances
    12  necessitating the request. The chief administrator of the  courts  shall
    13  adopt  forms  that may be used for purposes of such applications and the
    14  court's consideration of such applications. The court may issue a tempo-
    15  rary extreme risk protection order in  accordance  with  section  sixty-
    16  three  hundred  forty-two  of  this  article,  during  the period that a
    17  request for renewal of an extreme risk protection order is under consid-
    18  eration pursuant to this section.
    19    2. A hearing held pursuant to this section shall be conducted  in  the
    20  supreme  court,  in  accordance  with section sixty-three hundred forty-
    21  three of this article, to determine if a  request  for  renewal  of  the
    22  order  shall  be  granted.  The  respondent shall be served with written
    23  notice of an application for renewal a reasonable time before the  hear-
    24  ing,  and  shall  be afforded an opportunity to fully participate in the
    25  hearing. The court shall direct service  of  such  application  and  the
    26  accompanying papers in the manner and in accordance with the protections
    27  for  the  petitioner set forth in subdivision six of section sixty-three
    28  hundred forty-two of this article.
    29    §  6346.  Expiration  of  an  extreme  risk  protection  order.  1.  A
    30  protection order issued pursuant to this article, and all records of any
    31  proceedings  conducted  pursuant  to  this article, shall be sealed upon
    32  expiration of such order  and  the  clerk  of  the  court  wherein  such
    33  proceedings  were conducted shall immediately notify the commissioner of
    34  the division of criminal justice services, the heads of all  appropriate
    35  police  departments, applicable licensing officers, and all other appro-
    36  priate law enforcement agencies that the order has expired and that  the
    37  record  of  such protection order shall be sealed and not be made avail-
    38  able to any person or public or private entity, except that such records
    39  shall be made available to:
    40    (a) the respondent or the respondent's designated agent;
    41    (b) courts in the unified court system;
    42    (c) police forces and departments having responsibility  for  enforce-
    43  ment of the general criminal laws of the state;
    44    (d)  any  state or local officer or agency with responsibility for the
    45  issuance of licenses to possess a firearm, rifle or  shotgun,  when  the
    46  respondent has made application for such a license; and
    47    (e)  any  prospective employer of a police officer or peace officer as
    48  those terms are defined in subdivisions thirty-three and thirty-four  of
    49  section  1.20  of the criminal procedure law, in relation to an applica-
    50  tion for employment as a police  officer  or  peace  officer;  provided,
    51  however,  that  every  person  who  is  an applicant for the position of
    52  police officer or peace officer shall be furnished with a  copy  of  all
    53  records  obtained under this subparagraph and afforded an opportunity to
    54  make an explanation thereto.
    55    2. Upon expiration of a protection order issued pursuant to this arti-
    56  cle and upon written application of the respondent who is the subject of
        A. 6994                             8
 
     1  such order, with notice and opportunity to be heard  to  the  petitioner
     2  and  every  licensing  officer  responsible  for  issuance  of a firearm
     3  license to the subject of the order pursuant to article four hundred  of
     4  the  penal law, and upon a written finding that there is no legal imped-
     5  iment to the respondent's possession of a surrendered firearm, rifle  or
     6  shotgun, the court shall order the return of a firearm, rifle or shotgun
     7  not  otherwise disposed of in accordance with subdivision one of section
     8  sixty-three hundred forty-four of this article. When issuing such  order
     9  in  connection  with  any firearm subject to a license requirement under
    10  article four hundred of the penal law, if the licensing officer  informs
    11  the  court  that  he  or  she will seek to revoke the license, the order
    12  shall be stayed by the court until the conclusion of any license revoca-
    13  tion proceeding.
    14    §  6347.  Effect  of  findings  and   determinations   in   subsequent
    15  proceedings.   Notwithstanding any contrary claim based on common law or
    16  a provision of any other law, no finding or determination made  pursuant
    17  to  this  article  shall be interpreted as binding, or having collateral
    18  estoppel or similar effect, in any other action or proceeding,  or  with
    19  respect  to  any  other determination or finding, in any court, forum or
    20  administrative proceeding.
    21    § 2. Paragraph (b) of subdivision 5 of section 530.14 of the  criminal
    22  procedure  law,  as added by chapter 644 of the laws of 1996, is amended
    23  to read as follows:
    24    (b) The prompt surrender of one or more firearms pursuant to  a  court
    25  order  issued  pursuant  to this section shall be considered a voluntary
    26  surrender for purposes of subparagraph (f) of paragraph one of  subdivi-
    27  sion  a  of section 265.20 of the penal law. The disposition of any such
    28  firearms shall be in accordance with the provisions of  subdivision  six
    29  of  section 400.05 of the penal law; provided, however, that upon termi-
    30  nation of any suspension  order  issued  pursuant  to  this  section  or
    31  section  eight hundred forty-two-a of the family court act, upon written
    32  application of the subject of the order, with notice and opportunity  to
    33  be  heard  to  the district attorney, the county attorney, the protected
    34  party, and  every  licensing  officer  responsible  for  issuance  of  a
    35  firearms  license  to  the subject of the order pursuant to article four
    36  hundred of the penal law, and upon a written finding that  there  is  no
    37  legal  impediment  to the subject's possession of a surrendered firearm,
    38  rifle or shotgun, any court of record exercising  criminal  jurisdiction
    39  may  order  the  return  of  a  firearm,  rifle or shotgun not otherwise
    40  disposed of in accordance with subdivision six of section 400.05 of  the
    41  penal  law.    When  issuing  such  order in connection with any firearm
    42  subject to a license requirement under article four hundred of the penal
    43  law, if the licensing officer informs the court that he or she will seek
    44  to revoke the license, the order shall be stayed by the court until  the
    45  conclusion of any license revocation proceeding.
    46    §  3. Section 265.45 of the penal law, as amended by section 3 of part
    47  FF of chapter 57 of the laws of 2013, is amended to read as follows:
    48  § 265.45 Safe storage of rifles, shotguns, and firearms.
    49    No person who owns or is custodian of a rifle, shotgun or firearm  who
    50  resides  with  an individual who such person knows or has reason to know
    51  is prohibited from possessing a firearm pursuant to 18 U.S.C.  §  922(g)
    52  (1),  (4),  (8) or (9), or pursuant to a temporary or final extreme risk
    53  protection order issued under article sixty-three-A of the  civil  prac-
    54  tice  law  and rules, shall store or otherwise leave such rifle, shotgun
    55  or firearm out of his or her immediate  possession  or  control  without
    56  having first securely locked such rifle, shotgun or firearm in an appro-
        A. 6994                             9
 
     1  priate  safe  storage depository or rendered it incapable of being fired
     2  by use of a gun locking device appropriate to that weapon. For  purposes
     3  of  this  section  "safe  storage depository" shall mean a safe or other
     4  secure  container which, when locked, is incapable of being opened with-
     5  out the key, combination or other unlocking mechanism and is capable  of
     6  preventing   an   unauthorized  person  from  obtaining  access  to  and
     7  possession of the weapon contained therein. With respect to a person who
     8  is prohibited from possessing a firearm pursuant to 18 USC §  922(g)(9),
     9  for  purposes  of this section, this section applies only if such person
    10  has been convicted of a crime included in  subdivision  one  of  section
    11  370.15  of  the  criminal procedure law and such gun is possessed within
    12  five years from the later of the date of  conviction  or  completion  of
    13  sentence.  Nothing  in this section shall be deemed to affect, impair or
    14  supersede any special or local act  relating  to  the  safe  storage  of
    15  rifles, shotguns or firearms which impose additional requirements on the
    16  owner or custodian of such weapons.
    17    A violation of this section shall constitute a class A misdemeanor.
    18    § 4. This act shall take effect on the one hundred eightieth day after
    19  it shall have become a law.