S T A T E   O F   N E W   Y O R K
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                                  7038

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 21, 2015
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee on Codes

AN  ACT  to  amend  the  criminal  procedure  law  and the penal law, in
  relation to gun violence restraining orders and gun seizure warrants

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The criminal procedure law is amended by adding a new arti-
cle 735 to read as follows:
                               ARTICLE 735
                   GUN VIOLENCE RESTRAINING ORDERS AND
                          GUN SEIZURE WARRANTS
SECTION 735.10 DEFINITIONS.
        735.20 ISSUANCE OF GUN VIOLENCE RESTRAINING ORDER.
        735.30 ISSUANCE OF GUN SEIZURE WARRANT.
        735.40 COURT HEARING.
        735.50 REQUEST FOR RENEWAL OF ORDER.
        735.60 OFFENSES.
S 735.10 DEFINITIONS.
  AS  USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
  1. "GUN SEIZURE WARRANT" SHALL MEAN A COURT ORDER REGARDING  A  PERSON
WHO  IS  SUBJECT TO A GUN VIOLENCE RESTRAINING ORDER AND WHO IS KNOWN TO
OWN OR POSSESS ONE OR MORE FIREARMS, RIFLES, OR SHOTGUNS AND ANY AMMUNI-
TION THAT DIRECTS A LAW  ENFORCEMENT  OFFICER  TO  SEIZE  ANY  FIREARMS,
RIFLES,  OR  SHOTGUNS AND ANY AMMUNITION IN THE POSSESSION OF THE PERSON
AND TO BRING THE UNLOADED FIREARMS, RIFLES, OR SHOTGUNS AND ANY  AMMUNI-
TION BEFORE THE JUDGE ISSUING SUCH ORDER.
  2. "GUN VIOLENCE RESTRAINING ORDER" SHALL MEAN A COURT ORDER PROHIBIT-
ING  A  PERSON  FROM  PURCHASING,  OWNING,  POSSESSING,  CONTROLLING, OR
ATTEMPTING TO PURCHASE OR RECEIVE A FIREARM, RIFLE, OR SHOTGUN  AND  ANY
AMMUNITION FOR A PERIOD OF ONE YEAR.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03464-04-5
              

A. 7038                             2

S 735.20 ISSUANCE OF GUN VIOLENCE RESTRAINING ORDER.
  1. ANY PERSON MAY SUBMIT AN APPLICATION TO THE COURT SETTING FORTH THE
FACTS  AND  CIRCUMSTANCES  NECESSITATING  THE ISSUANCE OF A GUN VIOLENCE
RESTRAINING ORDER. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL PRESCRIBE
THE MANNER AND FORM OF THE APPLICATION PURSUANT TO SECTION 10.40 OF THIS
CHAPTER.  SUCH FORM SHALL INCLUDE INQUIRY AS TO  WHETHER  THE  APPLICANT
KNOWS  OR  HAS REASON TO BELIEVE THAT THE SUBJECT OF THE APPLICATION HAS
ACCESS TO FIREARMS, RIFLES, OR SHOTGUNS, AND ANY AMMUNITION, AND IF  SO,
A  REQUEST THAT THE APPLICANT LIST OR DESCRIBE SUCH FIREARMS, RIFLES, OR
SHOTGUNS, AND ANY AMMUNITION AND RESPECTIVE LOCATIONS THEREOF,  WITH  AS
MUCH SPECIFICITY AS POSSIBLE.
  2.  A  GUN  VIOLENCE  RESTRAINING  ORDER SHALL BE ISSUED TO PROHIBIT A
PERSON FROM PURCHASING, OWNING, POSSESSING, CONTROLLING,  OR  ATTEMPTING
TO  PURCHASE OR RECEIVE A FIREARM, RIFLE, OR SHOTGUN, AND ANY AMMUNITION
IF AN AFFIDAVIT, SIGNED BY THE APPLICANT UNDER OATH, AND ANY  ADDITIONAL
INFORMATION  PROVIDED  TO THE COURT DEMONSTRATES, TO THE SATISFACTION OF
THE COURT, THAT THE PERSON POSES A SIGNIFICANT RISK OF  PERSONAL  INJURY
TO  HIMSELF,  HERSELF,  OR  OTHERS  BY  PURCHASING,  OWNING, POSSESSING,
CONTROLLING, OR ATTEMPTING TO PURCHASE OR RECEIVE A FIREARM,  RIFLE,  OR
SHOTGUN, AND ANY AMMUNITION.
  3.  PRIOR  TO  THE  ISSUANCE,  DENIAL,  OR  RENEWAL  OF A GUN VIOLENCE
RESTRAINING ORDER, THE COURT SHALL ENSURE THAT A SEARCH IS OR  HAS  BEEN
CONDUCTED  TO  DETERMINE IF THE SUBJECT OF THE APPLICATION HAS ANY PRIOR
CRIMINAL CONVICTION FOR A  VIOLENT  OR  SERIOUS  FELONY  AS  DEFINED  BY
SECTION 70.02 OF THE PENAL LAW; HAS ANY MISDEMEANOR CONVICTION INVOLVING
DOMESTIC  VIOLENCE,  WEAPONS,  OR  OTHER  VIOLENCE;  HAS ANY OUTSTANDING
WARRANT; IS CURRENTLY ON PAROLE OR PROBATION; HAS A REGISTERED  FIREARM,
RIFLE,  OR  SHOTGUN; OR HAS ANY PRIOR RESTRAINING ORDER OR ANY VIOLATION
OF A PRIOR RESTRAINING ORDER. THE  SEARCH  SHALL  BE  CONDUCTED  OF  ALL
RECORDS AND DATABASES READILY AVAILABLE AND REASONABLY ACCESSIBLE TO THE
COURT,  INCLUDING,  BUT  NOT  LIMITED TO, THE FOLLOWING: (1) THE FEDERAL
SUPERVISED RELEASE FILE; (2) THE NEW YORK STATE PISTOL PERMIT  DATABASE;
(3)  THE  FEDERAL  BUREAU  OF INVESTIGATION'S NATIONAL DATABASE; (4) THE
NATIONAL INSTANT CRIMINAL BACKGROUND CHECK  SYSTEM;  (5)  LOCALLY  MAIN-
TAINED  CRIMINAL HISTORY RECORDS OR DATABASES; (6) THE STATEWIDE LICENSE
AND RECORD DATABASE  PURSUANT TO SECTION 400.02 OF THE  PENAL  LAW;  (7)
ANY  OTHER  RELEVANT  DATABASES  THAT  COLLECT INFORMATION PERTAINING TO
POSSESSION OF A FIREARM. HOWEVER, A  RECORD  OR  DATABASE  NEED  NOT  BE
SEARCHED  IF THE INFORMATION AVAILABLE IN THAT RECORD OR DATABASE CAN BE
OBTAINED AS A RESULT OF A SEARCH CONDUCTED IN ANOTHER  RECORD  OR  DATA-
BASE.
  4.  IN  DETERMINING WHETHER A GUN VIOLENCE RESTRAINING ORDER SHOULD BE
ISSUED, THE JUDGE MAY EXAMINE, UNDER OATH, THE PERSON SEEKING THE  ORDER
AND ANY WITNESSES THE PERSON PRODUCES.
  (A)  IN  DETERMINING  WHETHER  GROUNDS  FOR A GUN VIOLENCE RESTRAINING
ORDER EXISTS, THE JUDGE SHALL CONSIDER ANY RELEVANT  FACTORS  INCLUDING,
BUT NOT LIMITED TO:
  (I) ANY RECENT THREAT OR ACT OF VIOLENCE BY THE PERSON DIRECTED TOWARD
HIMSELF, HERSELF, OR OTHERS;
  (II) ANY RECENT VIOLATION OF A RESTRAINING ORDER;
  (III) ANY CONVICTION FOR A WEAPONS OFFENSE;
  (IV) THE RECKLESS USE, DISPLAY, OR BRANDISHING OF A FIREARM, RIFLE, OR
SHOTGUN BY THE PERSON;
  (V)  THE  HISTORY OF USE, ATTEMPTED USE, OR THREATENED USE OF PHYSICAL
FORCE BY THE PERSON AGAINST ANY OTHER PERSON;
  (VI) ANY PRIOR ARREST OF THE PERSON FOR A CRIME OR OFFENSE;

A. 7038                             3

  (VII) ANY HISTORY OF A VIOLATION BY THE PERSON OF A RESTRAINING ORDER;
  (VIII) EVIDENCE OF RECENT OR ONGOING ABUSE OF CONTROLLED SUBSTANCES OR
ALCOHOL BY THE PERSON; OR
  (IX)  EVIDENCE OF RECENT ACQUISITION OF FIREARMS, RIFLES, SHOTGUNS, OR
OTHER DEADLY WEAPONS OR ANY AMMUNITION THEREFOR.
  (B) THE AFFIDAVIT SHALL SET FORTH THE FACTS ESTABLISHING  THE  GROUNDS
OF  THE APPLICATION, OR PROBABLE CAUSE FOR BELIEVING THAT THEY EXIST. IN
LIEU OF THE REQUIRED WRITTEN AFFIDAVIT,  THE  JUDGE  MAY  TAKE  AN  ORAL
STATEMENT UNDER OATH.
  5.  IF  THE JUDGE IS SATISFIED THAT THERE IS PROBABLE CAUSE TO BELIEVE
IN THE VERACITY OF THE APPLICATION, THE JUDGE SHALL ISSUE A GUN VIOLENCE
RESTRAINING ORDER.  SUCH ORDER SHALL BE ISSUED ON THE SAME DAY THAT  THE
APPLICATION  IS SUBMITTED TO THE COURT, UNLESS THE PETITION IS FILED TOO
LATE IN THE DAY TO PERMIT EFFECTIVE REVIEW,  WHICH  MAY  INCLUDE  PROMPT
EXAMINATIONS  UNDER  SUBDIVISION SIX OF THIS SECTION, IN WHICH CASE, THE
ORDER SHALL BE ISSUED OR DENIED ON THE NEXT DAY OF JUDICIAL BUSINESS  IN
SUFFICIENT TIME FOR THE ORDER TO BE FILED THAT DAY WITH THE CLERK OF THE
COURT.
  6. A GUN VIOLENCE RESTRAINING ORDER SHALL INCLUDE:
  (A) A STATEMENT OF THE GROUNDS ASSERTED FOR THE ORDER;
  (B) THE DATE AND TIME THE ORDER EXPIRES;
  (C)  THE  ADDRESS  OF  THE  SUPREME  COURT FOR THE COUNTY IN WHICH THE
RESTRAINED PARTY RESIDES; AND
  (D) A STATEMENT TO THE RESTRAINED PERSON STATING: THE  TIME  AND  DATE
THAT  THE ORDER EXPIRES; THAT THE PERSON MAY NOT OWN, POSSESS, PURCHASE,
OR RECEIVE, OR ATTEMPT TO PURCHASE OR RECEIVE A FIREARM, RIFLE, OR SHOT-
GUN OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT; THAT THE PERSON  IS
ENTITLED  TO SUBMIT ONE WRITTEN REQUEST FOR A HEARING AT ANY TIME DURING
THE EFFECTIVE PERIOD OF THE ORDER FOR AN ORDER PERMITTING THE PERSON  TO
OWN,  POSSESS,  PURCHASE, OR RECEIVE A FIREARM, RIFLE, OR SHOTGUN OR ANY
AMMUNITION; THAT THE PERSON MAY SEEK THE ADVICE OF AN ATTORNEY AS TO ANY
MATTER CONNECTED WITH  THE  ORDER;  AND  THAT  THE  ATTORNEY  SHOULD  BE
CONSULTED  PROMPTLY  SO  THAT  THE ATTORNEY MAY ASSIST THE PERSON IN ANY
MATTER CONNECTED WITH THE ORDER.
  (E) A FORM TO BE COMPLETED AND SIGNED BY THE RESTRAINED PERSON AT  THE
TIME  OF  SERVICE  OF  THE GUN VIOLENCE RESTRAINING ORDER WHICH ELICITS,
UNDER PENALTY OF PERJURY, A LIST OF ALL FIREARMS,  RIFLES,  OR  SHOTGUNS
AND  ANY  AMMUNITION IN HIS OR HER POSSESSION OR UNDER HIS OR HER OWNER-
SHIP OR CONTROL, AND THE PARTICULAR LOCATION OF EACH FIREARM, RIFLE,  OR
SHOTGUN AND ANY AMMUNITION LISTED.
  7.  WHEN SERVING A GUN VIOLENCE RESTRAINING ORDER, THE LAW ENFORCEMENT
OFFICER SHALL INFORM THE PERSON THAT THE PERSON MAY SUBMIT  ONE  WRITTEN
REQUEST  FOR  A HEARING, PURSUANT TO SUBDIVISION EIGHT OF SECTION 735.40
OF THIS ARTICLE, AT ANY TIME DURING THE EFFECTIVE PERIOD  OF  THE  ORDER
AND PROVIDE THE PERSON WITH A FORM TO REQUEST THE HEARING.
S 735.30 ISSUANCE OF GUN SEIZURE WARRANT.
  1.  IF  THERE  IS PROBABLE CAUSE TO BELIEVE THAT A PERSON WHO HAS BEEN
ISSUED A GUN VIOLENCE RESTRAINING ORDER POSSESSES  OR  OWNS  A  FIREARM,
RIFLE,  OR SHOTGUN OR ANY AMMUNITION THE JUDGE SHALL ISSUE A GUN SEIZURE
WARRANT TO THE APPROPRIATE LAW ENFORCEMENT OFFICER DIRECTING THE OFFICER
TO SEIZE ANY SPECIFIED FIREARM, RIFLE, OR SHOTGUN AND ANY AMMUNITION AND
TO RETAIN THE FIREARM, RIFLE, OR SHOTGUN AND ANY AMMUNITION  SUBJECT  TO
THE ORDER OF THE COURT.
  2.  A  GUN  SEIZURE  WARRANT  SHALL  BE  ISSUED  UPON  PROBABLE CAUSE,
SUPPORTED BY AN AFFIDAVIT, NAMING OR DESCRIBING WITH REASONABLE  SPECIF-
ICITY THE FACTS AND CIRCUMSTANCES JUSTIFYING THE COURT ORDER AND LISTING

A. 7038                             4

ANY  FIREARM, RIFLE, OR SHOTGUN AND ANY AMMUNITION TO BE SEIZED PURSUANT
TO THE COURT ORDER.
  3.  A  FIREARM, RIFLE, OR SHOTGUN DESCRIBED IN THE GUN SEIZURE WARRANT
AND ANY AMMUNITION MAY BE TAKEN FROM ANY PLACE, OR FROM  ANY  PERSON  IN
WHOSE POSSESSION THE FIREARM, RIFLE, OR SHOTGUN OR AMMUNITION MAY BE.
  4.  WHEN  A LAW ENFORCEMENT OFFICER TAKES PROPERTY UNDER A GUN SEIZURE
WARRANT, THE OFFICER SHALL GIVE A RECEIPT FOR THE PROPERTY TAKEN, SPECI-
FYING IT IN DETAIL, TO THE PERSON FROM WHOM IT WAS TAKEN. IN THE ABSENCE
OF A PERSON, THE OFFICER SHALL LEAVE THE RECEIPT IN THE PLACE WHERE  THE
PROPERTY WAS FOUND.
  5.  IF  THE  LOCATION  TO  BE  SEARCHED  DURING THE EXECUTION OF A GUN
SEIZURE WARRANT IS JOINTLY OCCUPIED BY MULTIPLE PARTIES AND  A  FIREARM,
RIFLE, OR SHOTGUN AND ANY AMMUNITION LOCATED DURING THE EXECUTION OF THE
GUN  SEIZURE  WARRANT  IS OWNED BY A PERSON OTHER THAN THE PERSON IN THE
GUN SEIZURE WARRANT, THE FIREARM, RIFLE, OR SHOTGUN AND  ANY  AMMUNITION
SHALL  NOT BE SEIZED IF THE FIREARM, RIFLE, OR SHOTGUN AND AMMUNITION IS
STORED IN A MANNER THAT THE PERSONS NAMED IN  THE  GUN  SEIZURE  WARRANT
DOES NOT HAVE ACCESS TO OR CONTROL OF THE FIREARM, RIFLE, OR SHOTGUN AND
AMMUNITION  AND  THERE  IS  NO  EVIDENCE  OF  UNLAWFUL POSSESSION OF THE
FIREARM, RIFLE, OR SHOTGUN OR AMMUNITION BY THE OWNER.
  6. IF THE LOCATION TO BE  SEARCHED  DURING  THE  EXECUTION  OF  A  GUN
SEIZURE  WARRANT  IS JOINTLY OCCUPIED BY MULTIPLE PARTIES AND A GUN SAFE
THAT IS OWNED BY A PERSON OTHER THAN THE PERSON NAMED IN THE GUN SEIZURE
WARRANT IS LOCATED THEREIN, THE CONTENTS OF THE GUN SAFE  SHALL  NOT  BE
SEARCHED EXCEPT IN THE OWNER'S PRESENCE, OR WITH THE OWNER'S CONSENT, OR
UNLESS A VALID SEARCH WARRANT HAS BEEN OBTAINED.
S 735.40 COURT HEARING.
  1.  EXCEPT  AS PROVIDED IN SUBDIVISION SEVEN OF THIS SECTION, NO LATER
THAN TWENTY-ONE DAYS AFTER THE EXECUTION OF A GUN  VIOLENCE  RESTRAINING
ORDER  AND  A  GUN SEIZURE WARRANT, IF APPLICABLE, THE COURT THAT ISSUED
THE ORDER AND SEIZURE WARRANT SHALL HOLD A HEARING TO DETERMINE  WHETHER
THE  PERSON  WHO IS THE SUBJECT OF THE ORDER MAY POSSESS, OWN, PURCHASE,
OR RECEIVE A FIREARM, RIFLE, OR SHOTGUN AND  ANY  AMMUNITION  AND,  WHEN
APPLICABLE,  WHETHER A SEIZED FIREARM, RIFLE, OR SHOTGUN AND ANY AMMUNI-
TION SHOULD BE RETURNED TO THE PERSON NAMED IN THE WARRANT.
  2. AT THE HEARING, THE STATE SHALL HAVE  THE  BURDEN  OF  PROVING,  BY
CLEAR  AND CONVINCING EVIDENCE, THAT THE PERSON POSES A SIGNIFICANT RISK
OF PERSONAL INJURY TO HIMSELF, HERSELF, OR OTHERS BY PURCHASING, OWNING,
POSSESSING,  CONTROLLING  OR  ATTEMPTING  TO  PURCHASE  OR  RECEIVE  THE
FIREARM, RIFLE, OR SHOTGUN, AND ANY AMMUNITION.
  3.  IF, AT THE HEARING, THE PERSON IS FOUND TO POSE A SIGNIFICANT RISK
OF PERSONAL INJURY TO HIMSELF, HERSELF, OR OTHERS BY PURCHASING, OWNING,
POSSESSING, OR CONTROLLING A FIREARM, RIFLE,  OR  SHOTGUN  THE  FIREARM,
RIFLE,  OR  SHOTGUN  AND  ANY  AMMUNITION SEIZED PURSUANT TO THE WARRANT
SHALL BE RETAINED BY THE LAW ENFORCEMENT AGENCY FOR THE DURATION OF  THE
ORDER OR UNTIL OWNERSHIP OF THE FIREARM, RIFLE, OR SHOTGUN AND ANY AMMU-
NITION  IS  TRANSFERRED  TO  A  LICENSED GUN DEALER. THE PERSON SHALL BE
PROHIBITED  FROM  PURCHASING,  OWNING,  POSSESSING,  OR  CONTROLLING   A
FIREARM,  RIFLE, OR SHOTGUN AND ANY AMMUNITION OR ATTEMPTING TO PURCHASE
OR RECEIVE A FIREARM, RIFLE, OR SHOTGUN, AND ANY AMMUNITION FOR A PERIOD
OF ONE YEAR.
  4. THE COURT SHALL NOTIFY THE DIVISION OF CRIMINAL JUSTICE SERVICES OF
THE GUN VIOLENCE RESTRAINING ORDER NO LATER THAN THE NEXT  BUSINESS  DAY
AFTER  ISSUING  THE ORDER. THE COURT ALSO SHALL NOTIFY THE DEPARTMENT OF
ANY ORDER RESTORING THE PERSON'S ABILITY TO  OWN  OR  POSSESS  FIREARMS,
RIFLES,  OR SHOTGUNS, AND ANY AMMUNITION NO LATER THAN THE NEXT BUSINESS

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DAY AFTER ISSUING THE ORDER TO RESTORE THE  PERSON'S  RIGHT  TO  OWN  OR
POSSESS  ANY TYPE OF FIREARM, RIFLE, OR SHOTGUN, AND ANY AMMUNITION THAT
MAY BE LAWFULLY OWNED AND POSSESSED.  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.
  5. IF THE COURT FINDS THAT THE STATE HAS NOT MET THE REQUIRED STANDARD
OF PROOF, THE FIREARM, RIFLE,  OR  SHOTGUN  AND  ANY  AMMUNITION  SEIZED
PURSUANT TO THE WARRANT SHALL BE RETURNED TO THE PERSON.
  6.  IF  THE  PERSON  IS  PROHIBITED  BY  LAW  FROM PURCHASING, OWNING,
POSSESSING, OR CONTROLLING A FIREARM, RIFLE, OR SHOTGUN AND ANY  AMMUNI-
TION FOR A PERIOD OF ONE YEAR OR MORE BY ANY OTHER PROVISION OF STATE OR
FEDERAL  LAW,  A  HEARING PURSUANT TO THIS SECTION SHALL NOT BE REQUIRED
AND THE COURT SHALL ISSUE AN ORDER TO HOLD THE FIREARM, RIFLE, OR  SHOT-
GUN  AND  ANY AMMUNITION UNTIL EITHER THE PERSON IS NO LONGER PROHIBITED
FROM OWNING A FIREARM, RIFLE, OR SHOTGUN OR  AMMUNITION  OR  THE  PERSON
SELLS  OR  TRANSFERS OWNERSHIP OF THE FIREARM, RIFLE, OR SHOTGUN AND ANY
AMMUNITION TO A LICENSED GUN DEALER.
  7. IF ANY OTHER PERSON CLAIMS TITLE TO A FIREARM, RIFLE, OR SHOTGUN OR
AMMUNITION SEIZED PURSUANT TO THE WARRANT, THE FIREARM, RIFLE, OR  SHOT-
GUN OR AMMUNITION SHALL BE RETURNED TO THE LAWFUL OWNER.
  8.  A  PERSON WHO IS THE SUBJECT OF A COURT ORDER PURSUANT TO SUBDIVI-
SION THREE OF THIS SECTION MAY SUBMIT ONE WRITTEN REQUEST  AT  ANY  TIME
DURING  THE  EFFECTIVE  PERIOD  OF  THE ORDER FOR A HEARING FOR AN ORDER
PERMITTING THE PERSON TO POSSESS, OWN, PURCHASE, OR RECEIVE  A  FIREARM,
RIFLE, OR SHOTGUN AND ANY AMMUNITION.  THE REQUEST SHALL BE SUBMITTED IN
A  FORM  AND  MANNER  AS  PRESCRIBED  BY  THE CHIEF ADMINISTRATOR OF THE
COURTS.
S 735.50 REQUEST FOR RENEWAL OF ORDER.
  1. IF A LAW ENFORCEMENT AGENCY HAS PROBABLE CAUSE TO  BELIEVE  THAT  A
PERSON  SUBJECT  TO A GUN VIOLENCE RESTRAINING ORDER CONTINUES TO POSE A
SIGNIFICANT RISK OF PERSONAL INJURY TO HIMSELF, HERSELF,  OR  OTHERS  BY
PURCHASING,  OWNING,  POSSESSING,  OR  CONTROLLING  A FIREARM, RIFLE, OR
SHOTGUN, AND ANY AMMUNITION AT ANY TIME WITHIN SIXTY DAYS PRIOR  TO  THE
ORDER,  THE  AGENCY  MAY  INITIATE A REQUEST FOR A RENEWAL OF THE ORDER,
SETTING FORTH THE FACTS AND CIRCUMSTANCES NECESSITATING THE REQUEST. THE
REQUEST SHALL BE SUBMITTED IN A FORM AND MANNER  AS  PRESCRIBED  BY  THE
CHIEF ADMINISTRATOR OF THE COURTS.
  (A)  A  HEARING HELD PURSUANT TO THIS SECTION SHALL BE HELD IN SUPREME
COURT TO DETERMINE IF A REQUEST  FOR  RENEWAL  OF  THE  ORDER  SHALL  BE
ISSUED.
  (B)  THE  PERSON NAMED IN THE RESTRAINING ORDER SHALL BE GIVEN WRITTEN
NOTICE AND AN OPPORTUNITY TO BE HEARD.
  2. AT ANY TIME WITHIN THE SIXTY DAYS PRIOR TO THE ORDER, A JUDGE  MAY,
UPON  HIS  OR HER OWN MOTION, OR UPON REQUEST OF ANOTHER PERSON, ISSUE A
RENEWAL OF A GUN VIOLENCE RESTRAINING ORDER WHEN THERE IS PROBABLE CAUSE
TO BELIEVE THAT A PERSON SUBJECT  TO  THE  ORDER  CONTINUES  TO  POSE  A
SIGNIFICANT  RISK  OF  PERSONAL INJURY TO HIMSELF, HERSELF, OR OTHERS BY
PURCHASING, OWNING, POSSESSING, OR  CONTROLLING  A  FIREARM,  RIFLE,  OR
SHOTGUN  AND  ANY AMMUNITION AFTER WRITTEN NOTICE TO THE PERSON NAMED IN
THE RESTRAINING ORDER AND AFTER THE PERSON HAS BEEN GIVEN AN OPPORTUNITY
FOR A HEARING.
S 735.60 OFFENSES.
  EVERY PERSON WHO PURCHASES, OWNS, POSSESSES, CONTROLS, OR ATTEMPTS  TO
PURCHASE  OR  RECEIVE  A  FIREARM, RIFLE, OR SHOTGUN AND ANY  AMMUNITION
WITH KNOWLEDGE THAT HE OR SHE IS PROHIBITED  FROM  DOING  SO  BY  A  GUN
VIOLENCE  RESTRAINING  ORDER  ISSUED PURSUANT TO SECTIONS 735.20, 735.40

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AND 735.50 OF THIS ARTICLE, IS GUILTY OF A CLASS A MISDEMEANOR  PURSUANT
TO SECTION 265.01 OF THE PENAL LAW AND SHALL BE PROHIBITED FROM PURCHAS-
ING,  OWNING,  POSSESSING,  CONTROLLING,  OR  ATTEMPTING  TO PURCHASE OR
RECEIVE  A FIREARM, RIFLE, OR SHOTGUN AND ANY AMMUNITION FOR A FIVE-YEAR
PERIOD, TO COMMENCE UPON THE EXPIRATION OF  THE  EXISTING  GUN  VIOLENCE
RESTRAINING ORDER.
  S 2. Section 265.01 of the penal law is amended by adding a new subdi-
vision 9 to read as follows:
  (9)  HE  OR  SHE  VIOLATES  SUBDIVISION THREE OF SECTION 735.40 OF THE
CRIMINAL PROCEDURE LAW.
  S 3. This act shall take effect immediately.