- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
A08976 Summary:
BILL NO | A08976B |
  | |
SAME AS | SAME AS S07133-A |
  | |
SPONSOR | Simon |
  | |
COSPNSR | Mayer, Ortiz, Dickens, Pichardo, Gottfried, Mosley, Galef, Glick, Joyner, Rosenthal L, O'Donnell, Sepulveda, Fahy, Seawright, D'Urso, Englebright, Quart, Carroll, Paulin, Titone, Magnarelli, Hunter, De La Rosa, Taylor, Montesano, Abinanti, Lavine, Rivera, Barron, Vanel, Zebrowski, Niou, Steck, Dinowitz, Simotas, Blake, Jaffee, Rozic, Aubry, Wright, Otis, Weprin, Davila, Bichotte, Errigo, Arroyo, Buchwald, McDonough, Pellegrino, Bronson |
  | |
MLTSPNSR | Epstein, Thiele |
  | |
Add Art 63-A §§6340 - 6347, CPLR; amd §530.14, CP L; amd §265.45, Pen L | |
  | |
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. |
A08976 Actions:
BILL NO | A08976B | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/09/2018 | referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
01/17/2018 | amend and recommit to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
01/17/2018 | print number 8976a | |||||||||||||||||||||||||||||||||||||||||||||||||
02/05/2018 | amend and recommit to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
02/05/2018 | print number 8976b | |||||||||||||||||||||||||||||||||||||||||||||||||
02/27/2018 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
03/01/2018 | advanced to third reading cal.698 | |||||||||||||||||||||||||||||||||||||||||||||||||
03/06/2018 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
03/06/2018 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
03/06/2018 | REFERRED TO JUDICIARY |
A08976 Committee Votes:
Lentol | Aye | Curran | Aye | ||||||
Schimminger | Aye | Giglio | Aye | ||||||
Pretlow | Aye | Montesano | Aye | ||||||
Cook | Aye | Morinello | Aye | ||||||
Cymbrowitz | Aye | Palumbo | Absent | ||||||
Titus | Aye | Garbarino | Aye | ||||||
O'Donnell | Aye | ||||||||
Lavine | Aye | ||||||||
Perry | Aye | ||||||||
Zebrowski | Aye | ||||||||
Abinanti | Aye | ||||||||
Weprin | Aye | ||||||||
Mosley | Aye | ||||||||
Hevesi | Excused | ||||||||
Fahy | Aye | ||||||||
Seawright | Aye | ||||||||
Go to top
A08976 Floor Votes:
Yes
Abbate
Yes
Crouch
Yes
Gunther
Yes
Mayer
Yes
Pichardo
Yes
Taylor
Yes
Abinanti
Yes
Curran
Yes
Harris
Yes
McDonald
Yes
Pretlow
Yes
Thiele
ER
Arroyo
Yes
Cusick
No
Hawley
ER
McDonough
Yes
Quart
Yes
Titone
Yes
Aubry
Yes
Cymbrowitz
Yes
Hevesi
Yes
Miller B
Yes
Ra
Yes
Titus
No
Barclay
Yes
Davila
Yes
Hikind
Yes
Miller MG
Yes
Raia
Yes
Vanel
Yes
Barnwell
Yes
De La Rosa
Yes
Hooper
Yes
Miller ML
Yes
Ramos
Yes
Walker
Yes
Barrett
Yes
DenDekker
Yes
Hunter
Yes
Montesano
ER
Richardson
Yes
Wallace
Yes
Barron
Yes
Dickens
Yes
Hyndman
Yes
Morelle
Yes
Rivera
No
Walsh
Yes
Benedetto
Yes
Dilan
Yes
Jaffee
Yes
Morinello
Yes
Rodriguez
Yes
Walter
Yes
Bichotte
Yes
Dinowitz
Yes
Jean-Pierre
Yes
Mosley
Yes
Rosenthal D
Yes
Weinstein
Yes
Blake
No
DiPietro
Yes
Jenne
Yes
Murray
Yes
Rosenthal L
Yes
Weprin
No
Blankenbush
Yes
D'Urso
Yes
Johns
Yes
Niou
Yes
Rozic
Yes
Williams
No
Brabenec
Yes
Englebright
Yes
Jones
ER
Nolan
Yes
Ryan
Yes
Woerner
Yes
Braunstein
No
Errigo
Yes
Joyner
Yes
Norris
Yes
Santabarbara
Yes
Wright
Yes
Brindisi
Yes
Fahy
Yes
Kim
No
Oaks
No
Schimminger
Yes
Zebrowski
Yes
Bronson
Yes
Finch
No
Kolb
Yes
O'Donnell
Yes
Seawright
Yes
Mr. Speaker
Yes
Buchwald
No
Fitzpatrick
No
Lalor
Yes
Ortiz
Yes
Sepulveda
No
Butler
No
Friend
Yes
Lavine
Yes
Otis
Yes
Simon
No
Byrne
Yes
Galef
No
Lawrence
No
Palmesano
Yes
Simotas
Yes
Cahill
ER
Gantt
Yes
Lentol
Yes
Palumbo
ER
Skartados
Yes
Carroll
Yes
Garbarino
Yes
Lifton
Yes
Paulin
Yes
Skoufis
Yes
Castorina
No
Giglio
Yes
Lupardo
Yes
Pellegrino
Yes
Solages
Yes
Colton
Yes
Glick
Yes
Magee
Yes
Peoples-Stokes
No
Stec
Yes
Cook
No
Goodell
Yes
Magnarelli
Yes
Perry
Yes
Steck
Yes
Crespo
Yes
Gottfried
Yes
Malliotakis
Yes
Pheffer Amato
Yes
Stirpe
‡ Indicates voting via videoconference
A08976 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A8976B SPONSOR: Simon
  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 OR GENERAL IDEA OF BILL: The purpose of this bill is to prevent access to firearms, rifles, and shotguns to those individuals who, through the judicial process, have been deemed more likely to engage in conduct that would result in seri- ous 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 describ- ing 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.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): The amended version clarifies the protocol for the surrender of firearms, rifles and shotguns following the issuance of an extreme risk protection order, and requires that, prior to the return of any firearms, rifles or shotguns surrendered pursuant to such order, the court must make a written determination that there is no legal imped- iment to the respondent's possession of such firearm, rifle or shotgun.   JUSTIFICATION: Family and household members are very often the first to know when some- one is experiencing a crisis or exhibiting dangerous behavior. Many even report their fears to law enforcement. 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 with, interventions that could help prevent tragedies from occurring including interpersonal gun violence, or gun suicides. 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 in New York State, while still respecting an individual's right to due process, will be a step forward in prevention of needless gun tragedies.   PRIOR LEGISLATIVE HISTORY: 2016: A07038 (Kavanagh) - Codes 2015: A07038 (Kavanagh) - Codes 2017: A6994 (Kavanagh) - Passed Assembly   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, possible 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.   EFFECTIVE DATE: This act shall take effect on the two hundred tenth day after it shall have become a law.
A08976 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 8976--B IN ASSEMBLY January 9, 2018 ___________ Introduced by M. of A. SIMON -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommit- ted 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: 1 Section 1. The civil practice law and rules is amended by adding a new 2 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. LBD10726-05-8A. 8976--B 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 4. "Possess" shall have the same meaning as defined in subdivision 6 eight of section 10.00 of the penal law. 7 § 6341. Application for an extreme risk protection order. In accord- 8 ance with this article, a petitioner may file a sworn application, and 9 accompanying supporting documentation, setting forth the facts and 10 circumstances justifying the issuance of an extreme risk protection 11 order. Such application and supporting documentation shall be filed in 12 the supreme court in the county in which the respondent resides. The 13 chief administrator of the courts shall adopt forms that may be used for 14 purposes of such applications and the court's consideration of such 15 applications. Such application form shall include inquiry as to whether 16 the petitioner knows, or has reason to believe, that the respondent 17 owns, possesses or has access to a firearm, rifle or shotgun and if so, 18 a request that the petitioner list or describe such firearms, rifles and 19 shotguns, and the respective locations thereof, with as much specificity 20 as possible. 21 § 6342. Issuance of a temporary extreme risk protection order. 1. 22 Upon application of a petitioner pursuant to this article, the court may 23 issue a temporary extreme risk protection order, ex parte or otherwise, 24 to prohibit the respondent from purchasing, possessing or attempting to 25 purchase or possess a firearm, rifle or shotgun, upon a finding that 26 there is probable cause to believe the respondent is likely to engage in 27 conduct that would result in serious harm to himself, herself or others, 28 as defined in paragraph one or two of subdivision (a) of section 9.39 of 29 the mental hygiene law. Such application for a temporary order shall be 30 determined in writing on the same day the application is filed. 31 2. In determining whether grounds for a temporary extreme risk 32 protection order exist, the court shall consider any relevant factors 33 including, but not limited to, the following acts of the respondent: 34 (a) a threat or act of violence or use of physical force directed 35 toward self, the petitioner, or another person; 36 (b) a violation or alleged violation of an order of protection; 37 (c) any pending charge or conviction for an offense involving the use 38 of a weapon; 39 (d) the reckless use, display or brandishing of a firearm, rifle or 40 shotgun; 41 (e) any history of a violation of an extreme risk protection order; 42 (f) evidence of recent or ongoing abuse of controlled substances or 43 alcohol; or 44 (g) evidence of recent acquisition of a firearm, rifle, shotgun or 45 other deadly weapon or dangerous instrument, or any ammunition therefor. 46 In considering the factors under this subdivision, the court shall 47 consider the time that has elapsed since the occurrence of such act or 48 acts and the age of the person at the time of the occurrence of such act 49 or acts. 50 For the purposes of this subdivision, "recent" means within the six 51 months prior to the date the petition was filed. 52 3. The application of the petitioner and supporting documentation, if 53 any, shall set forth the factual basis for the request and probable 54 cause for issuance of a temporary order. The court may conduct an exam- 55 ination under oath of the petitioner and any witness the petitioner may 56 produce.A. 8976--B 3 1 4. A temporary extreme risk protection order, if warranted, shall 2 issue in writing, and shall include: 3 (a) a statement of the grounds found for the issuance of the order; 4 (b) the date and time the order expires; 5 (c) the address of the court that issued the order; 6 (d) a statement to the respondent: (i) directing that the respondent 7 may not purchase, possess or attempt to purchase or possess a firearm, 8 rifle or shotgun while the order is in effect and that any firearm, 9 rifle or shotgun possessed by such respondent shall be promptly surren- 10 dered to any authorized law enforcement official in the same manner as 11 set forth in subdivision five of section 530.14 of the criminal proce- 12 dure law; 13 (ii) informing the respondent that the court will hold a hearing no 14 sooner than three nor more than six business days after service of the 15 temporary order, to determine whether a final extreme risk protection 16 order will be issued and the date, time and location of such hearing, 17 provided that the respondent shall be entitled to more than six days 18 upon request in order to prepare for the hearing; and (iii) informing 19 the respondent the he or she may seek the advice of an attorney and that 20 an attorney should be consulted promptly; and 21 (e) a form to be completed and executed by the respondent at the time 22 of service of the temporary extreme risk protection order which elicits 23 a list of all firearms, rifles and shotguns possessed by the respondent 24 and the particular location of each firearm, rifle or shotgun listed. 25 5. If the application for a temporary extreme risk protection order is 26 not granted, the court shall notify the petitioner and, unless the 27 application is voluntarily withdrawn by the petitioner, nonetheless 28 schedule a hearing on the application for a final extreme risk 29 protection order. Such hearing shall be scheduled to be held promptly, 30 but in any event no later than ten business days after the date on which 31 such application is served on the respondent, provided, however, that 32 the respondent may request, and the court may grant, additional time to 33 allow the respondent to prepare for the hearing. A notice of such hear- 34 ing shall be prepared by the court and shall include the date and time 35 of the hearing, the address of the court, and the subject of the hear- 36 ing. 37 6. (a) The court shall, in the manner specified in paragraph (b) of 38 this subdivision, arrange for prompt service of a copy of the temporary 39 extreme risk protection order, if any, the application therefor and, if 40 separately applied for or if a temporary extreme risk protection order 41 was not granted, the application for an extreme risk protection order, 42 any notice of hearing prepared by the court, along with any associated 43 papers including the petition and any supporting documentation, 44 provided, that the court may redact the address and contact information 45 of the petitioner from such application and papers where the court finds 46 that disclosure of such address or other contact information would pose 47 an unreasonable risk to the health or safety of the petitioner. 48 (b) The court shall provide copies of such documents to the appropri- 49 ate law enforcement agency serving the jurisdiction of the respondent's 50 residence with a direction that such documents be promptly served, at no 51 cost to the petitioner, on the respondent; provided, however, that the 52 petitioner may voluntarily arrange for service of copies of such order 53 and associated papers through a third party, such as a licensed process 54 server. 55 7. (a) The court shall notify the division of state police, any other 56 law enforcement agency with jurisdiction, all applicable licensing offi-A. 8976--B 4 1 cers, and the division of criminal justice services of the issuance of a 2 temporary extreme risk protection order and provide a copy of such order 3 no later than the next business day after issuing the order to such 4 persons or agencies. The court also shall promptly notify such persons 5 and agencies and provide a copy of any order amending or revoking such 6 protection order or restoring the respondent's ability to own or possess 7 firearms, rifles or shotguns no later than the next business day after 8 issuing the order to restore such right to the respondent. Any notice or 9 report submitted pursuant to this subdivision shall be in an electronic 10 format, in a manner prescribed by the division of criminal justice 11 services. 12 (b) Upon receiving notice of the issuance of a temporary extreme risk 13 protection order, the division of criminal justice services shall imme- 14 diately report the existence of such order to the federal bureau of 15 investigation to allow the bureau to identify persons prohibited from 16 purchasing firearms, rifles or shotguns. The division shall also imme- 17 diately report to the bureau the expiration of any such protection 18 order, any court order amending or revoking such protection order or 19 restoring the respondent's ability to purchase a firearm, rifle or shot- 20 gun. 21 8. A law enforcement officer serving a temporary extreme risk 22 protection order shall request that the respondent immediately surrender 23 to the officer all firearms, rifles and shotguns in the respondent's 24 possession and the officer shall conduct any search permitted by law for 25 such firearms. The law enforcement officer shall take possession of all 26 firearms, rifles and shotguns that are surrendered, that are in plain 27 sight, or that are discovered pursuant to a lawful search. As part of 28 the order, the court may also direct a police officer to search for 29 firearms, rifles and shotguns in the respondent's possession in a manner 30 consistent with the procedures of article six hundred ninety of the 31 criminal procedure law. 32 9. Upon issuance of a temporary extreme risk protection order, or upon 33 setting a hearing for a final extreme risk protection order where a 34 temporary order is denied or not requested, the court shall direct the 35 law enforcement agency having jurisdiction to conduct a background 36 investigation and report to the court and, subject to any appropriate 37 redactions to protect any person, each party regarding whether the 38 respondent: 39 (a) has any prior criminal conviction for an offense involving domes- 40 tic violence, use of a weapon, or other violence; 41 (b) has any criminal charge or violation currently pending against him 42 or her; 43 (c) is currently on parole or probation; 44 (d) possesses any registered firearms, rifles or shotguns; and 45 (e) has been, or is, subject to any order of protection or has 46 violated or allegedly violated any order of protection. 47 § 6343. Issuance of a final extreme risk protection order. 1. In 48 accordance with this article, no sooner than three business days nor 49 later than six business days after service of a temporary extreme risk 50 protection order and, alternatively, no later than ten business days 51 after service of an application under this article where no temporary 52 extreme risk protection order has been issued, the supreme court shall 53 hold a hearing to determine whether to issue a final extreme risk 54 protection order and, when applicable, whether a firearm, rifle or shot- 55 gun surrendered by, or removed from, the respondent should be returned 56 to the respondent. The respondent shall be entitled to more than sixA. 8976--B 5 1 business days if a temporary extreme risk protection order has been 2 issued and the respondent requests a reasonable period of additional 3 time to prepare for the hearing. Where no temporary order has been 4 issued, the respondent may request, and the court may grant, additional 5 time beyond the ten days to allow the respondent to prepare for the 6 hearing. 7 2. At the hearing pursuant to subdivision one of this section, the 8 petitioner shall have the burden of proving, by clear and convincing 9 evidence, that the respondent is likely to engage in conduct that would 10 result in serious harm to himself, herself or others, as defined in 11 paragraph one or two of subdivision (a) of section 9.39 of the mental 12 hygiene law. The court may consider the petition and any evidence 13 submitted by the petitioner, any evidence submitted by the respondent, 14 any testimony presented, and the report of the relevant law enforcement 15 agency submitted pursuant to subdivision nine of section sixty-three 16 hundred forty-two of this article. The court shall also consider the 17 factors set forth in subdivision two of section sixty-three hundred 18 forty-two of this article. 19 3. (a) After the hearing pursuant to subdivision one of this section, 20 the court shall issue a written order granting or denying the extreme 21 risk protection order and setting forth the reasons for such determi- 22 nation. If the extreme risk protection order is granted, the court shall 23 direct service of such order in the manner and in accordance with the 24 protections for the petitioner set forth in subdivision six of section 25 sixty-three hundred forty-two of this article. 26 (b) Upon issuance of an extreme risk protection order: (i) any 27 firearm, rifle or shotgun removed pursuant to a temporary extreme risk 28 protection order or such extreme risk protection order shall be retained 29 by the law enforcement agency having jurisdiction for the duration of 30 the order, unless ownership of the firearm, rifle or shotgun is legally 31 transferred by the respondent to another individual permitted by law to 32 own and possess such firearm, rifle or shotgun; (ii) the supreme court 33 shall temporarily suspend any existing firearm license possessed by the 34 respondent and order the respondent temporarily ineligible for such a 35 license; (iii) the respondent shall be prohibited from purchasing or 36 possessing, or attempting to purchase or possess, a firearm, rifle or 37 shotgun; and (iv) the court shall direct the respondent to surrender any 38 firearm, rifle or shotgun in his or her possession in the same manner as 39 set forth in subdivision five of section 530.14 of the criminal proce- 40 dure law. 41 (c) An extreme risk protection order issued in accordance with this 42 section shall extend, as specified by the court, for a period of up to 43 one year from the date of the issuance of such order; provided, however, 44 that if such order was immediately preceded by the issuance of a tempo- 45 rary extreme risk protection order, then the duration of the extreme 46 risk protection order shall be measured from the date of issuance of 47 such temporary extreme risk protection order. 48 (d) A law enforcement officer serving a final extreme risk protection 49 order shall request that the respondent immediately surrender to the 50 officer all firearms, rifles and shotguns in the respondent's possession 51 and the officer shall conduct any search permitted by law for such 52 firearms. The law enforcement officer shall take possession of all 53 firearms, rifles and shotguns that are surrendered, that are in plain 54 sight, or that are discovered pursuant to a lawful search. As part of 55 the order, the court may also direct a police officer to search for 56 firearms, rifles and shotguns in a respondent's possession consistentA. 8976--B 6 1 with the procedures of article six hundred ninety of the criminal proce- 2 dure law. 3 4. (a) The court shall notify the division of state police, any other 4 law enforcement agency with jurisdiction, all applicable licensing offi- 5 cers, and the division of criminal justice services of the issuance of a 6 final extreme risk protection order and provide a copy of such order to 7 such persons and agencies no later than the next business day after 8 issuing the order. The court also shall promptly notify such persons and 9 agencies and provide a copy of any order amending or revoking such 10 protection order or restoring the respondent's ability to own or possess 11 firearms, rifles or shotguns no later than the next business day after 12 issuing the order to restore such right to the respondent. Any notice or 13 report submitted pursuant to this subdivision shall be in an electronic 14 format, in a manner prescribed by the division of criminal justice 15 services. 16 (b) Upon receiving notice of the issuance of a final extreme risk 17 protection order, the division of criminal justice services shall imme- 18 diately report the existence of such order to the federal bureau of 19 investigation to allow the bureau to identify persons prohibited from 20 purchasing firearms, rifles or shotguns. The division shall also imme- 21 diately report to the bureau the expiration of such protection order and 22 any court order amending or revoking such protection order or restoring 23 the respondent's ability to purchase a firearm, rifle or shotgun. 24 5. (a) If, in accordance with a temporary extreme risk protection 25 order, a firearm, rifle or shotgun has been surrendered by or removed 26 from the respondent, and the supreme court subsequently finds that the 27 petitioner has not met the required standard of proof, the court's find- 28 ing shall include a written order, issued to all parties, directing that 29 any firearm, rifle or shotgun surrendered or removed pursuant to such 30 temporary order shall be returned to the respondent, upon a written 31 finding that there is no legal impediment to the respondent's possession 32 of such firearm, rifle or shotgun. 33 (b) If any other person demonstrates that he or she is the lawful 34 owner of any firearm, rifle or shotgun surrendered or removed pursuant 35 to a protection order issued in accordance with this article, and 36 provided that the court has made a written finding that there is no 37 legal impediment to the person's possession of a surrendered or removed 38 firearm, rifle or shotgun, the court shall direct that such firearm, 39 rifle or shotgun be returned to such lawful owner and inform such person 40 of the obligation to safely store such firearm, rifle, or shotgun in 41 accordance with section 265.45 of the penal law. 42 6. The respondent shall be notified on the record and in writing by 43 the court that he or she may submit one written request, at any time 44 during the effective period of an extreme risk protection order, for a 45 hearing setting aside any portion of such order. The request shall be 46 submitted in substantially the same form and manner as prescribed by the 47 chief administrator of the courts. Upon such request, the court shall 48 promptly hold a hearing, in accordance with this article, after provid- 49 ing reasonable notice to the petitioner. The respondent shall bear the 50 burden to prove, by clear and convincing evidence, any change of circum- 51 stances that may justify a change to the order. 52 § 6344. Surrender and removal of firearms, rifles and shotguns pursu- 53 ant to an extreme risk protection order. 1. When a law enforcement offi- 54 cer takes any firearm, rifle or shotgun pursuant to a temporary extreme 55 risk protection order or a final extreme risk protection order, the 56 officer shall give to the person from whom such firearm, rifle or shot-A. 8976--B 7 1 gun is taken a receipt or voucher for the property taken, describing the 2 property in detail. In the absence of a person, the officer shall leave 3 the receipt or voucher in the place where the property was found, mail a 4 copy of the receipt or voucher, retaining proof of mailing, to the last 5 known address of the respondent and, if different, the owner of the 6 firearm, rifle or shotgun, and file a copy of such receipt or voucher 7 with the court. All firearms, rifles and shotguns in the possession of a 8 law enforcement official pursuant to this article shall be subject to 9 the provisions of applicable law, including but not limited to subdivi- 10 sion six of section 400.05 of the penal law; provided, however, that any 11 such firearm, rifle or shotgun shall be retained and not disposed of by 12 the law enforcement agency for at least two years unless legally trans- 13 ferred by the respondent to an individual permitted by law to own and 14 possess such firearm, rifle or shotgun. 15 2. If the location to be searched during the execution of a temporary 16 extreme risk protection order or extreme risk protection order is joint- 17 ly occupied by two or more parties, and a firearm, rifle or shotgun 18 located during the execution of such order is owned by a person other 19 than the respondent, the court shall, upon a written finding that there 20 is no legal impediment to the respondent's possession of such firearm, 21 rifle or shotgun, order the return of such firearm, rifle or shotgun to 22 such lawful owner and inform such person of their obligation to safely 23 store their firearm, rifle, or shotgun in accordance with section 265.45 24 of the penal law. 25 § 6345. Request for renewal of an extreme risk protection order. 1. 26 If a petitioner believes a person subject to an extreme risk protection 27 order continues to be likely to engage in conduct that would result in 28 serious harm to himself, herself, or others, as defined in paragraph one 29 or two of subdivision (a) of section 9.39 of the mental hygiene law, 30 such petitioner may, at any time within sixty days prior to the expira- 31 tion of such existing extreme risk protection order, initiate a request 32 for a renewal of such order, setting forth the facts and circumstances 33 necessitating the request. The chief administrator of the courts shall 34 adopt forms that may be used for purposes of such applications and the 35 court's consideration of such applications. The court may issue a tempo- 36 rary extreme risk protection order in accordance with section sixty- 37 three hundred forty-two of this article, during the period that a 38 request for renewal of an extreme risk protection order is under consid- 39 eration pursuant to this section. 40 2. A hearing held pursuant to this section shall be conducted in the 41 supreme court, in accordance with section sixty-three hundred forty- 42 three of this article, to determine if a request for renewal of the 43 order shall be granted. The respondent shall be served with written 44 notice of an application for renewal a reasonable time before the hear- 45 ing, and shall be afforded an opportunity to fully participate in the 46 hearing. The court shall direct service of such application and the 47 accompanying papers in the manner and in accordance with the protections 48 for the petitioner set forth in subdivision six of section sixty-three 49 hundred forty-two of this article. 50 § 6346. Expiration of an extreme risk protection order. 1. A 51 protection order issued pursuant to this article, and all records of any 52 proceedings conducted pursuant to this article, shall be sealed upon 53 expiration of such order and the clerk of the court wherein such 54 proceedings were conducted shall immediately notify the commissioner of 55 the division of criminal justice services, the heads of all appropriate 56 police departments, applicable licensing officers, and all other appro-A. 8976--B 8 1 priate law enforcement agencies that the order has expired and that the 2 record of such protection order shall be sealed and not be made avail- 3 able to any person or public or private entity, except that such records 4 shall be made available to: 5 (a) the respondent or the respondent's designated agent; 6 (b) courts in the unified court system; 7 (c) police forces and departments having responsibility for enforce- 8 ment of the general criminal laws of the state; 9 (d) any state or local officer or agency with responsibility for the 10 issuance of licenses to possess a firearm, rifle or shotgun, when the 11 respondent has made application for such a license; and 12 (e) any prospective employer of a police officer or peace officer as 13 those terms are defined in subdivisions thirty-three and thirty-four of 14 section 1.20 of the criminal procedure law, in relation to an applica- 15 tion for employment as a police officer or peace officer; provided, 16 however, that every person who is an applicant for the position of 17 police officer or peace officer shall be furnished with a copy of all 18 records obtained under this subparagraph and afforded an opportunity to 19 make an explanation thereto. 20 2. Upon expiration of a protection order issued pursuant to this arti- 21 cle and upon written application of the respondent who is the subject of 22 such order, with notice and opportunity to be heard to the petitioner 23 and every licensing officer responsible for issuance of a firearm 24 license to the subject of the order pursuant to article four hundred of 25 the penal law, and upon a written finding that there is no legal imped- 26 iment to the respondent's possession of a surrendered firearm, rifle or 27 shotgun, the court shall order the return of a firearm, rifle or shotgun 28 not otherwise disposed of in accordance with subdivision one of section 29 sixty-three hundred forty-four of this article. When issuing such order 30 in connection with any firearm subject to a license requirement under 31 article four hundred of the penal law, if the licensing officer informs 32 the court that he or she will seek to revoke the license, the order 33 shall be stayed by the court until the conclusion of any license revoca- 34 tion proceeding. 35 § 6347. Effect of findings and determinations in subsequent 36 proceedings. Notwithstanding any contrary claim based on common law or 37 a provision of any other law, no finding or determination made pursuant 38 to this article shall be interpreted as binding, or having collateral 39 estoppel or similar effect, in any other action or proceeding, or with 40 respect to any other determination or finding, in any court, forum or 41 administrative proceeding. 42 § 2. Paragraph (b) of subdivision 5 of section 530.14 of the criminal 43 procedure law, as added by chapter 644 of the laws of 1996, is amended 44 to read as follows: 45 (b) The prompt surrender of one or more firearms pursuant to a court 46 order issued pursuant to this section shall be considered a voluntary 47 surrender for purposes of subparagraph (f) of paragraph one of subdivi- 48 sion a of section 265.20 of the penal law. The disposition of any such 49 firearms shall be in accordance with the provisions of subdivision six 50 of section 400.05 of the penal law; provided, however, that upon termi- 51 nation of any suspension order issued pursuant to this section or 52 section eight hundred forty-two-a of the family court act, upon written 53 application of the subject of the order, with notice and opportunity to 54 be heard to the district attorney, the county attorney, the protected 55 party, and every licensing officer responsible for issuance of a 56 firearms license to the subject of the order pursuant to article fourA. 8976--B 9 1 hundred of the penal law, and upon a written finding that there is no 2 legal impediment to the subject's possession of a surrendered firearm, 3 rifle or shotgun, any court of record exercising criminal jurisdiction 4 may order the return of a firearm, rifle or shotgun not otherwise 5 disposed of in accordance with subdivision six of section 400.05 of the 6 penal law. When issuing such order in connection with any firearm 7 subject to a license requirement under article four hundred of the penal 8 law, if the licensing officer informs the court that he or she will seek 9 to revoke the license, the order shall be stayed by the court until the 10 conclusion of any license revocation proceeding. 11 § 3. Section 265.45 of the penal law, as amended by section 3 of part 12 FF of chapter 57 of the laws of 2013, is amended to read as follows: 13 § 265.45 Safe storage of rifles, shotguns, and firearms. 14 No person who owns or is custodian of a rifle, shotgun or firearm who 15 resides with an individual who such person knows or has reason to know 16 is prohibited from possessing a firearm pursuant to 18 U.S.C. § 922(g) 17 (1), (4), (8) or (9), or pursuant to a temporary or final extreme risk 18 protection order issued under article sixty-three-A of the civil prac- 19 tice law and rules, shall store or otherwise leave such rifle, shotgun 20 or firearm out of his or her immediate possession or control without 21 having first securely locked such rifle, shotgun or firearm in an appro- 22 priate safe storage depository or rendered it incapable of being fired 23 by use of a gun locking device appropriate to that weapon. For purposes 24 of this section "safe storage depository" shall mean a safe or other 25 secure container which, when locked, is incapable of being opened with- 26 out the key, combination or other unlocking mechanism and is capable of 27 preventing an unauthorized person from obtaining access to and 28 possession of the weapon contained therein. With respect to a person who 29 is prohibited from possessing a firearm pursuant to 18 USC § 922(g)(9), 30 for purposes of this section, this section applies only if such person 31 has been convicted of a crime included in subdivision one of section 32 370.15 of the criminal procedure law and such gun is possessed within 33 five years from the later of the date of conviction or completion of 34 sentence. Nothing in this section shall be deemed to affect, impair or 35 supersede any special or local act relating to the safe storage of 36 rifles, shotguns or firearms which impose additional requirements on the 37 owner or custodian of such weapons. 38 A violation of this section shall constitute a class A misdemeanor. 39 § 4. This act shall take effect on the two hundred tenth day after it 40 shall have become a law.