S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11148
 
                           I N  A S S E M B L Y
 
                               June 9, 2018
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Simon) --
   (at request of the Governor) -- read once and referred to the  Commit-
   tee on Codes
 
 AN  ACT  to amend the civil practice law and rules and the penal law, in
   relation to establishing extreme risk protection orders  as  court-is-
   sued  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:
 
   Section 1. The civil practice law and rules is amended by adding a new
 article 63-A to read as follows:
                               ARTICLE 63-A
                      EXTREME RISK PROTECTION ORDERS
 SECTION 6340. DEFINITIONS.
         6341. APPLICATION FOR AN EXTREME RISK PROTECTION ORDER.
         6342. ISSUANCE OF A TEMPORARY EXTREME RISK PROTECTION ORDER.
         6343. ISSUANCE OF A FINAL EXTREME RISK PROTECTION ORDER.
         6344. SURRENDER AND REMOVAL OF  FIREARMS,  RIFLES  AND  SHOTGUNS
                PURSUANT TO AN EXTREME RISK PROTECTION ORDER.
         6345. REQUEST FOR RENEWAL OF AN EXTREME RISK PROTECTION ORDER.
         6346. EXPIRATION OF AN EXTREME RISK PROTECTION ORDER.
         6347. EFFECT   OF  FINDINGS  AND  DETERMINATIONS  IN  SUBSEQUENT
                PROCEEDINGS.
   § 6340. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1. "EXTREME RISK PROTECTION  ORDER"  MEANS  A  COURT-ISSUED  ORDER  OF
 PROTECTION  PROHIBITING A PERSON FROM PURCHASING, POSSESSING OR ATTEMPT-
 ING TO PURCHASE OR POSSESS A FIREARM, RIFLE OR SHOTGUN.
   2. "PETITIONER" MEANS: (A) A POLICE OFFICER,  AS  DEFINED  IN  SECTION
 1.20  OF THE CRIMINAL PROCEDURE LAW, OR DISTRICT ATTORNEY WITH JURISDIC-
 TION IN THE COUNTY OR CITY WHERE THE PERSON AGAINST WHOM  THE  ORDER  IS
 SOUGHT RESIDES; (B) A FAMILY OR HOUSEHOLD MEMBER, AS DEFINED IN SUBDIVI-
 SION  TWO  OF  SECTION  FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES
 LAW, OF THE PERSON AGAINST WHOM THE ORDER IS SOUGHT;  OR  (C)  A  SCHOOL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD12062-04-8

 A. 11148                            2
 
 OFFICIAL,  WHICH  INCLUDES  BUT IS NOT LIMITED TO SCHOOL TEACHER, SCHOOL
 GUIDANCE COUNSELOR, SCHOOL PSYCHOLOGIST, SCHOOL  SOCIAL  WORKER,  SCHOOL
 NURSE, SCHOOL ADMINISTRATOR OR OTHER SCHOOL PERSONNEL REQUIRED TO HOLD A
 TEACHING OR ADMINISTRATIVE LICENSE OR CERTIFICATE, AND FULL OR PART-TIME
 COMPENSATED  SCHOOL  EMPLOYEE  REQUIRED  TO  HOLD  A  TEMPORARY COACHING
 LICENSE OR PROFESSIONAL COACHING CERTIFICATE.
   3.  "RESPONDENT"  MEANS  THE  PERSON  AGAINST  WHOM  AN  EXTREME  RISK
 PROTECTION ORDER IS OR MAY BE SOUGHT UNDER THIS ARTICLE.
   4.  "POSSESS"  SHALL  HAVE  THE SAME MEANING AS DEFINED IN SUBDIVISION
 EIGHT OF SECTION 10.00 OF THE PENAL LAW.
   § 6341. APPLICATION FOR AN EXTREME RISK PROTECTION ORDER.  IN  ACCORD-
 ANCE  WITH  THIS ARTICLE, A PETITIONER MAY FILE A SWORN APPLICATION, AND
 ACCOMPANYING SUPPORTING  DOCUMENTATION,  SETTING  FORTH  THE  FACTS  AND
 CIRCUMSTANCES  JUSTIFYING  THE  ISSUANCE  OF  AN EXTREME RISK PROTECTION
 ORDER. SUCH APPLICATION AND SUPPORTING DOCUMENTATION SHALL BE  FILED  IN
 THE  SUPREME  COURT  IN  THE COUNTY IN WHICH THE RESPONDENT RESIDES. THE
 CHIEF ADMINISTRATOR OF THE COURTS SHALL ADOPT FORMS THAT MAY BE USED FOR
 PURPOSES OF SUCH APPLICATIONS AND  THE  COURT'S  CONSIDERATION  OF  SUCH
 APPLICATIONS.  SUCH APPLICATION FORM SHALL INCLUDE INQUIRY AS TO WHETHER
 THE PETITIONER KNOWS, OR HAS REASON  TO  BELIEVE,  THAT  THE  RESPONDENT
 OWNS,  POSSESSES OR HAS ACCESS TO A FIREARM, RIFLE OR SHOTGUN AND IF SO,
 A REQUEST THAT THE PETITIONER LIST OR DESCRIBE SUCH FIREARMS, RIFLES AND
 SHOTGUNS, AND THE RESPECTIVE LOCATIONS THEREOF, WITH AS MUCH SPECIFICITY
 AS POSSIBLE.
   § 6342. ISSUANCE OF A TEMPORARY  EXTREME  RISK  PROTECTION  ORDER.  1.
 UPON APPLICATION OF A PETITIONER PURSUANT TO THIS ARTICLE, THE COURT MAY
 ISSUE  A TEMPORARY EXTREME RISK PROTECTION ORDER, EX PARTE OR OTHERWISE,
 TO PROHIBIT THE RESPONDENT FROM PURCHASING, POSSESSING OR ATTEMPTING  TO
 PURCHASE  OR  POSSESS  A  FIREARM, RIFLE OR SHOTGUN, UPON A FINDING 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. SUCH APPLICATION FOR A TEMPORARY ORDER SHALL  BE
 DETERMINED IN WRITING ON THE SAME DAY THE APPLICATION IS FILED.
   2.  IN  DETERMINING  WHETHER  GROUNDS  FOR  A  TEMPORARY  EXTREME RISK
 PROTECTION ORDER EXIST, THE COURT SHALL CONSIDER  ANY  RELEVANT  FACTORS
 INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING ACTS OF THE RESPONDENT:
   (A)  A  THREAT  OR  ACT  OF VIOLENCE OR USE OF PHYSICAL FORCE DIRECTED
 TOWARD SELF, THE PETITIONER, OR ANOTHER PERSON;
   (B) A VIOLATION OR ALLEGED VIOLATION OF AN ORDER OF PROTECTION;
   (C) ANY PENDING CHARGE OR CONVICTION FOR AN OFFENSE INVOLVING THE  USE
 OF A WEAPON;
   (D)  THE  RECKLESS  USE, DISPLAY OR BRANDISHING OF A FIREARM, RIFLE OR
 SHOTGUN;
   (E) ANY HISTORY OF A VIOLATION OF AN EXTREME RISK PROTECTION ORDER;
   (F) EVIDENCE OF RECENT OR ONGOING ABUSE OF  CONTROLLED  SUBSTANCES  OR
 ALCOHOL; OR
   (G)  EVIDENCE  OF  RECENT  ACQUISITION OF A FIREARM, RIFLE, SHOTGUN OR
 OTHER DEADLY WEAPON OR DANGEROUS INSTRUMENT, OR ANY AMMUNITION THEREFOR.
   IN CONSIDERING THE FACTORS UNDER THIS  SUBDIVISION,  THE  COURT  SHALL
 CONSIDER  THE  TIME THAT HAS ELAPSED SINCE THE OCCURRENCE OF SUCH ACT OR
 ACTS AND THE AGE OF THE PERSON AT THE TIME OF THE OCCURRENCE OF SUCH ACT
 OR ACTS.
   FOR THE PURPOSES OF THIS SUBDIVISION, "RECENT" MEANS  WITHIN  THE  SIX
 MONTHS PRIOR TO THE DATE THE PETITION WAS FILED.

 A. 11148                            3
 
   3.  THE APPLICATION OF THE PETITIONER AND SUPPORTING DOCUMENTATION, IF
 ANY, SHALL SET FORTH THE FACTUAL BASIS  FOR  THE  REQUEST  AND  PROBABLE
 CAUSE  FOR ISSUANCE OF A TEMPORARY ORDER. THE COURT MAY CONDUCT AN EXAM-
 INATION UNDER OATH OF THE PETITIONER AND ANY WITNESS THE PETITIONER  MAY
 PRODUCE.
   4.  A  TEMPORARY  EXTREME  RISK  PROTECTION ORDER, IF WARRANTED, SHALL
 ISSUE IN WRITING, AND SHALL INCLUDE:
   (A) A STATEMENT OF THE GROUNDS FOUND FOR THE ISSUANCE OF THE ORDER;
   (B) THE DATE AND TIME THE ORDER EXPIRES;
   (C) THE ADDRESS OF THE COURT THAT ISSUED THE ORDER;
   (D) A STATEMENT TO THE RESPONDENT: (I) DIRECTING THAT  THE  RESPONDENT
 MAY  NOT  PURCHASE, POSSESS OR ATTEMPT TO PURCHASE OR POSSESS A FIREARM,
 RIFLE OR SHOTGUN WHILE THE ORDER IS IN  EFFECT  AND  THAT  ANY  FIREARM,
 RIFLE  OR SHOTGUN POSSESSED BY SUCH RESPONDENT SHALL BE PROMPTLY SURREN-
 DERED TO ANY AUTHORIZED LAW ENFORCEMENT OFFICIAL IN THE SAME  MANNER  AS
 SET  FORTH  IN SUBDIVISION FIVE OF SECTION 530.14 OF THE CRIMINAL PROCE-
 DURE LAW;
   (II) INFORMING THE RESPONDENT THAT THE COURT WILL HOLD  A  HEARING  NO
 SOONER  THAN  THREE NOR MORE THAN SIX BUSINESS DAYS AFTER SERVICE OF THE
 TEMPORARY ORDER, TO DETERMINE WHETHER A FINAL  EXTREME  RISK  PROTECTION
 ORDER  WILL  BE  ISSUED AND THE DATE, TIME AND LOCATION OF SUCH HEARING,
 PROVIDED THAT THE RESPONDENT SHALL BE ENTITLED TO  MORE  THAN  SIX  DAYS
 UPON  REQUEST  IN  ORDER TO PREPARE FOR THE HEARING; AND (III) INFORMING
 THE RESPONDENT THE HE OR SHE MAY SEEK THE ADVICE OF AN ATTORNEY AND THAT
 AN ATTORNEY SHOULD BE CONSULTED PROMPTLY; AND
   (E) A FORM TO BE COMPLETED AND EXECUTED BY THE RESPONDENT AT THE  TIME
 OF  SERVICE OF THE TEMPORARY EXTREME RISK PROTECTION ORDER WHICH ELICITS
 A LIST OF ALL FIREARMS, RIFLES AND SHOTGUNS POSSESSED BY THE  RESPONDENT
 AND THE PARTICULAR LOCATION OF EACH FIREARM, RIFLE OR SHOTGUN LISTED.
   5. IF THE APPLICATION FOR A TEMPORARY EXTREME RISK PROTECTION ORDER IS
 NOT  GRANTED,  THE  COURT  SHALL  NOTIFY  THE PETITIONER AND, UNLESS THE
 APPLICATION IS VOLUNTARILY  WITHDRAWN  BY  THE  PETITIONER,  NONETHELESS
 SCHEDULE  A  HEARING  ON  THE  APPLICATION  FOR  A  FINAL  EXTREME  RISK
 PROTECTION ORDER. SUCH HEARING SHALL BE SCHEDULED TO BE  HELD  PROMPTLY,
 BUT IN ANY EVENT NO LATER THAN TEN BUSINESS DAYS AFTER THE DATE ON WHICH
 SUCH  APPLICATION  IS  SERVED ON THE RESPONDENT, PROVIDED, HOWEVER, THAT
 THE RESPONDENT MAY REQUEST, AND THE COURT MAY GRANT, ADDITIONAL TIME  TO
 ALLOW  THE RESPONDENT TO PREPARE FOR THE HEARING. A NOTICE OF SUCH HEAR-
 ING SHALL BE PREPARED BY THE COURT AND SHALL INCLUDE THE DATE  AND  TIME
 OF  THE  HEARING, THE ADDRESS OF THE COURT, AND THE SUBJECT OF THE HEAR-
 ING.
   6. (A) THE COURT SHALL, IN THE MANNER SPECIFIED IN  PARAGRAPH  (B)  OF
 THIS  SUBDIVISION, ARRANGE FOR PROMPT SERVICE OF A COPY OF THE TEMPORARY
 EXTREME RISK PROTECTION ORDER, IF ANY, THE APPLICATION THEREFOR AND,  IF
 SEPARATELY  APPLIED  FOR OR IF A TEMPORARY EXTREME RISK PROTECTION ORDER
 WAS NOT GRANTED, THE APPLICATION FOR AN EXTREME RISK  PROTECTION  ORDER,
 ANY  NOTICE  OF HEARING PREPARED BY THE COURT, ALONG WITH ANY ASSOCIATED
 PAPERS  INCLUDING  THE  PETITION  AND  ANY   SUPPORTING   DOCUMENTATION,
 PROVIDED,  THAT THE COURT MAY REDACT THE ADDRESS AND CONTACT INFORMATION
 OF THE PETITIONER FROM SUCH APPLICATION AND PAPERS WHERE THE COURT FINDS
 THAT DISCLOSURE OF SUCH ADDRESS OR OTHER CONTACT INFORMATION WOULD  POSE
 AN UNREASONABLE RISK TO THE HEALTH OR SAFETY OF THE PETITIONER.
   (B)  THE COURT SHALL PROVIDE COPIES OF SUCH DOCUMENTS TO THE APPROPRI-
 ATE LAW ENFORCEMENT AGENCY SERVING THE JURISDICTION OF THE  RESPONDENT'S
 RESIDENCE WITH A DIRECTION THAT SUCH DOCUMENTS BE PROMPTLY SERVED, AT NO
 COST  TO  THE PETITIONER, ON THE RESPONDENT; PROVIDED, HOWEVER, THAT THE

 A. 11148                            4
 
 PETITIONER MAY VOLUNTARILY ARRANGE FOR SERVICE OF COPIES OF  SUCH  ORDER
 AND  ASSOCIATED PAPERS THROUGH A THIRD PARTY, SUCH AS A LICENSED PROCESS
 SERVER.
   7.  (A) THE COURT SHALL NOTIFY THE DIVISION OF STATE POLICE, ANY OTHER
 LAW ENFORCEMENT AGENCY WITH JURISDICTION, ALL APPLICABLE LICENSING OFFI-
 CERS, AND THE DIVISION OF CRIMINAL JUSTICE SERVICES OF THE ISSUANCE OF A
 TEMPORARY EXTREME RISK PROTECTION ORDER AND PROVIDE A COPY OF SUCH ORDER
 NO LATER THAN THE NEXT BUSINESS DAY AFTER  ISSUING  THE  ORDER  TO  SUCH
 PERSONS  OR  AGENCIES. THE COURT ALSO SHALL PROMPTLY NOTIFY SUCH PERSONS
 AND AGENCIES AND PROVIDE A COPY OF ANY ORDER AMENDING OR  REVOKING  SUCH
 PROTECTION ORDER OR RESTORING THE RESPONDENT'S ABILITY TO OWN OR POSSESS
 FIREARMS,  RIFLES  OR SHOTGUNS NO LATER THAN THE NEXT BUSINESS DAY AFTER
 ISSUING THE ORDER TO RESTORE SUCH RIGHT TO  THE  RESPONDENT.  THE  COURT
 ALSO  SHALL  REPORT SUCH DEMOGRAPHIC DATA AS REQUIRED BY THE STATE DIVI-
 SION OF CRIMINAL JUSTICE SERVICES AT THE TIME SUCH ORDER IS  TRANSMITTED
 THERETO.  ANY  NOTICE  OR  REPORT SUBMITTED PURSUANT TO THIS SUBDIVISION
 SHALL BE IN AN ELECTRONIC FORMAT, IN A MANNER PRESCRIBED BY THE DIVISION
 OF CRIMINAL JUSTICE SERVICES.
   (B) UPON RECEIVING NOTICE OF THE ISSUANCE OF A TEMPORARY EXTREME  RISK
 PROTECTION  ORDER, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL IMME-
 DIATELY REPORT THE EXISTENCE OF SUCH ORDER  TO  THE  FEDERAL  BUREAU  OF
 INVESTIGATION  TO  ALLOW  THE BUREAU TO IDENTIFY PERSONS PROHIBITED FROM
 PURCHASING FIREARMS, RIFLES OR SHOTGUNS. THE DIVISION SHALL  ALSO  IMME-
 DIATELY  REPORT  TO  THE  BUREAU  THE  EXPIRATION OF ANY SUCH PROTECTION
 ORDER, ANY COURT ORDER AMENDING OR REVOKING  SUCH  PROTECTION  ORDER  OR
 RESTORING THE RESPONDENT'S ABILITY TO PURCHASE A FIREARM, RIFLE OR SHOT-
 GUN.
   8.  A  LAW  ENFORCEMENT  OFFICER  SERVING  A  TEMPORARY  EXTREME  RISK
 PROTECTION ORDER SHALL REQUEST THAT THE RESPONDENT IMMEDIATELY SURRENDER
 TO THE OFFICER ALL FIREARMS, RIFLES AND  SHOTGUNS  IN  THE  RESPONDENT'S
 POSSESSION AND THE OFFICER SHALL CONDUCT ANY SEARCH PERMITTED BY LAW FOR
 SUCH  FIREARMS. THE LAW ENFORCEMENT OFFICER SHALL TAKE POSSESSION OF ALL
 FIREARMS, RIFLES AND SHOTGUNS THAT ARE SURRENDERED, THAT  ARE  IN  PLAIN
 SIGHT,  OR  THAT ARE DISCOVERED PURSUANT TO A LAWFUL SEARCH.  AS PART OF
 THE ORDER, THE COURT MAY ALSO DIRECT A  POLICE  OFFICER  TO  SEARCH  FOR
 FIREARMS, RIFLES AND SHOTGUNS IN THE RESPONDENT'S POSSESSION IN A MANNER
 CONSISTENT  WITH  THE  PROCEDURES  OF  ARTICLE SIX HUNDRED NINETY OF THE
 CRIMINAL PROCEDURE LAW.
   9. UPON ISSUANCE OF A TEMPORARY EXTREME RISK PROTECTION ORDER, OR UPON
 SETTING A HEARING FOR A FINAL EXTREME  RISK  PROTECTION  ORDER  WHERE  A
 TEMPORARY  ORDER  IS DENIED OR NOT REQUESTED, THE COURT SHALL DIRECT THE
 LAW ENFORCEMENT AGENCY  HAVING  JURISDICTION  TO  CONDUCT  A  BACKGROUND
 INVESTIGATION  AND  REPORT  TO THE COURT AND, SUBJECT TO ANY APPROPRIATE
 REDACTIONS TO PROTECT ANY  PERSON,  EACH  PARTY  REGARDING  WHETHER  THE
 RESPONDENT:
   (A)  HAS ANY PRIOR CRIMINAL CONVICTION FOR AN OFFENSE INVOLVING DOMES-
 TIC VIOLENCE, USE OF A WEAPON, OR OTHER VIOLENCE;
   (B) HAS ANY CRIMINAL CHARGE OR VIOLATION CURRENTLY PENDING AGAINST HIM
 OR HER;
   (C) IS CURRENTLY ON PAROLE OR PROBATION;
   (D) POSSESSES ANY REGISTERED FIREARMS, RIFLES OR SHOTGUNS; AND
   (E) HAS BEEN, OR IS,  SUBJECT  TO  ANY  ORDER  OF  PROTECTION  OR  HAS
 VIOLATED OR ALLEGEDLY VIOLATED ANY ORDER OF PROTECTION.
   §  6343.  ISSUANCE  OF  A  FINAL  EXTREME RISK PROTECTION ORDER. 1. IN
 ACCORDANCE WITH THIS ARTICLE, NO SOONER THAN  THREE  BUSINESS  DAYS  NOR
 LATER  THAN  SIX BUSINESS DAYS AFTER SERVICE OF A TEMPORARY EXTREME RISK

 A. 11148                            5
 
 PROTECTION ORDER AND, ALTERNATIVELY, NO LATER  THAN  TEN  BUSINESS  DAYS
 AFTER  SERVICE  OF  AN APPLICATION UNDER THIS ARTICLE WHERE NO TEMPORARY
 EXTREME RISK PROTECTION ORDER HAS BEEN ISSUED, THE SUPREME  COURT  SHALL
 HOLD  A  HEARING  TO  DETERMINE  WHETHER  TO  ISSUE A FINAL EXTREME RISK
 PROTECTION ORDER AND, WHEN APPLICABLE, WHETHER A FIREARM, RIFLE OR SHOT-
 GUN SURRENDERED BY, OR REMOVED FROM, THE RESPONDENT SHOULD  BE  RETURNED
 TO  THE  RESPONDENT.  THE  RESPONDENT SHALL BE ENTITLED TO MORE THAN SIX
 BUSINESS DAYS IF A TEMPORARY EXTREME  RISK  PROTECTION  ORDER  HAS  BEEN
 ISSUED  AND  THE  RESPONDENT  REQUESTS A REASONABLE PERIOD OF ADDITIONAL
 TIME TO PREPARE FOR THE HEARING.  WHERE  NO  TEMPORARY  ORDER  HAS  BEEN
 ISSUED,  THE RESPONDENT MAY REQUEST, AND THE COURT MAY GRANT, ADDITIONAL
 TIME BEYOND THE TEN DAYS TO ALLOW THE  RESPONDENT  TO  PREPARE  FOR  THE
 HEARING.
   2.  AT  THE  HEARING  PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE
 PETITIONER SHALL HAVE THE BURDEN OF PROVING,  BY  CLEAR  AND  CONVINCING
 EVIDENCE,  THAT THE RESPONDENT IS LIKELY TO ENGAGE IN CONDUCT THAT WOULD
 RESULT IN SERIOUS HARM TO HIMSELF, HERSELF  OR  OTHERS,  AS  DEFINED  IN
 PARAGRAPH  ONE  OR  TWO OF SUBDIVISION (A) OF SECTION 9.39 OF THE MENTAL
 HYGIENE LAW. THE COURT  MAY  CONSIDER  THE  PETITION  AND  ANY  EVIDENCE
 SUBMITTED  BY  THE PETITIONER, ANY EVIDENCE SUBMITTED BY THE RESPONDENT,
 ANY TESTIMONY PRESENTED, AND THE REPORT OF THE RELEVANT LAW  ENFORCEMENT
 AGENCY  SUBMITTED  PURSUANT  TO  SUBDIVISION NINE OF SECTION SIXTY-THREE
 HUNDRED FORTY-TWO OF THIS ARTICLE. THE COURT  SHALL  ALSO  CONSIDER  THE
 FACTORS  SET  FORTH  IN  SUBDIVISION  TWO OF SECTION SIXTY-THREE HUNDRED
 FORTY-TWO OF THIS ARTICLE.
   3. (A) AFTER THE HEARING PURSUANT TO SUBDIVISION ONE OF THIS  SECTION,
 THE  COURT  SHALL  ISSUE A WRITTEN ORDER GRANTING OR DENYING THE EXTREME
 RISK PROTECTION ORDER AND SETTING FORTH THE REASONS  FOR  SUCH  DETERMI-
 NATION. IF THE EXTREME RISK PROTECTION ORDER IS GRANTED, THE COURT SHALL
 DIRECT  SERVICE  OF  SUCH ORDER IN THE MANNER AND IN ACCORDANCE WITH THE
 PROTECTIONS FOR THE PETITIONER SET FORTH IN SUBDIVISION SIX  OF  SECTION
 SIXTY-THREE HUNDRED FORTY-TWO OF THIS ARTICLE.
   (B)  UPON  ISSUANCE  OF  AN  EXTREME  RISK  PROTECTION  ORDER: (I) ANY
 FIREARM, RIFLE OR SHOTGUN REMOVED PURSUANT TO A TEMPORARY  EXTREME  RISK
 PROTECTION ORDER OR SUCH EXTREME RISK PROTECTION ORDER SHALL BE RETAINED
 BY  THE  LAW  ENFORCEMENT AGENCY HAVING JURISDICTION FOR THE DURATION OF
 THE ORDER, UNLESS OWNERSHIP OF THE FIREARM, RIFLE OR SHOTGUN IS  LEGALLY
 TRANSFERRED  BY THE RESPONDENT TO ANOTHER INDIVIDUAL PERMITTED BY LAW TO
 OWN AND POSSESS SUCH FIREARM, RIFLE OR SHOTGUN; (II) THE  SUPREME  COURT
 SHALL  TEMPORARILY SUSPEND ANY EXISTING FIREARM LICENSE POSSESSED BY THE
 RESPONDENT AND ORDER THE RESPONDENT TEMPORARILY INELIGIBLE  FOR  SUCH  A
 LICENSE;  (III)  THE  RESPONDENT  SHALL BE PROHIBITED FROM PURCHASING OR
 POSSESSING, OR ATTEMPTING TO PURCHASE OR POSSESS, A  FIREARM,  RIFLE  OR
 SHOTGUN; AND (IV) THE COURT SHALL DIRECT THE RESPONDENT TO SURRENDER ANY
 FIREARM, RIFLE OR SHOTGUN IN HIS OR HER POSSESSION IN THE SAME MANNER AS
 SET  FORTH  IN SUBDIVISION FIVE OF SECTION 530.14 OF THE CRIMINAL PROCE-
 DURE LAW.
   (C) AN EXTREME RISK PROTECTION ORDER ISSUED IN  ACCORDANCE  WITH  THIS
 SECTION  SHALL  EXTEND, AS SPECIFIED BY THE COURT, FOR A PERIOD OF UP TO
 ONE YEAR FROM THE DATE OF THE ISSUANCE OF SUCH ORDER; PROVIDED, HOWEVER,
 THAT IF SUCH ORDER WAS IMMEDIATELY PRECEDED BY THE ISSUANCE OF A  TEMPO-
 RARY  EXTREME  RISK  PROTECTION  ORDER, THEN THE DURATION OF THE EXTREME
 RISK PROTECTION ORDER SHALL BE MEASURED FROM THE  DATE  OF  ISSUANCE  OF
 SUCH TEMPORARY EXTREME RISK PROTECTION ORDER.
   (D)  A LAW ENFORCEMENT OFFICER SERVING A FINAL EXTREME RISK PROTECTION
 ORDER SHALL REQUEST THAT THE RESPONDENT  IMMEDIATELY  SURRENDER  TO  THE

 A. 11148                            6
 
 OFFICER ALL FIREARMS, RIFLES AND SHOTGUNS IN THE RESPONDENT'S POSSESSION
 AND  THE  OFFICER  SHALL  CONDUCT  ANY  SEARCH PERMITTED BY LAW FOR SUCH
 FIREARMS. THE LAW ENFORCEMENT  OFFICER  SHALL  TAKE  POSSESSION  OF  ALL
 FIREARMS,  RIFLES  AND  SHOTGUNS THAT ARE SURRENDERED, THAT ARE IN PLAIN
 SIGHT, OR THAT ARE DISCOVERED PURSUANT TO A LAWFUL SEARCH.   AS PART  OF
 THE  ORDER,  THE  COURT  MAY  ALSO DIRECT A POLICE OFFICER TO SEARCH FOR
 FIREARMS, RIFLES AND SHOTGUNS IN A  RESPONDENT'S  POSSESSION  CONSISTENT
 WITH THE PROCEDURES OF ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL PROCE-
 DURE LAW.
   4.  (A) THE COURT SHALL NOTIFY THE DIVISION OF STATE POLICE, ANY OTHER
 LAW ENFORCEMENT AGENCY WITH JURISDICTION, ALL APPLICABLE LICENSING OFFI-
 CERS, AND THE DIVISION OF CRIMINAL JUSTICE SERVICES OF THE ISSUANCE OF A
 FINAL EXTREME RISK PROTECTION ORDER AND PROVIDE A COPY OF SUCH ORDER  TO
 SUCH  PERSONS  AND  AGENCIES  NO  LATER THAN THE NEXT BUSINESS DAY AFTER
 ISSUING THE ORDER. THE COURT ALSO SHALL PROMPTLY NOTIFY SUCH PERSONS AND
 AGENCIES AND PROVIDE A COPY OF  ANY  ORDER  AMENDING  OR  REVOKING  SUCH
 PROTECTION ORDER OR RESTORING THE RESPONDENT'S ABILITY TO OWN OR POSSESS
 FIREARMS,  RIFLES  OR SHOTGUNS NO LATER THAN THE NEXT BUSINESS DAY AFTER
 ISSUING THE ORDER TO RESTORE SUCH RIGHT TO THE RESPONDENT. ANY NOTICE OR
 REPORT SUBMITTED PURSUANT TO THIS SUBDIVISION SHALL BE IN AN  ELECTRONIC
 FORMAT,  IN  A  MANNER  PRESCRIBED  BY  THE DIVISION OF CRIMINAL JUSTICE
 SERVICES.
   (B) UPON RECEIVING NOTICE OF THE ISSUANCE  OF  A  FINAL  EXTREME  RISK
 PROTECTION  ORDER, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL IMME-
 DIATELY REPORT THE EXISTENCE OF SUCH ORDER  TO  THE  FEDERAL  BUREAU  OF
 INVESTIGATION  TO  ALLOW  THE BUREAU TO IDENTIFY PERSONS PROHIBITED FROM
 PURCHASING FIREARMS, RIFLES OR SHOTGUNS. THE DIVISION SHALL  ALSO  IMME-
 DIATELY REPORT TO THE BUREAU THE EXPIRATION OF SUCH PROTECTION ORDER AND
 ANY  COURT ORDER AMENDING OR REVOKING SUCH PROTECTION ORDER OR RESTORING
 THE RESPONDENT'S ABILITY TO PURCHASE A FIREARM, RIFLE OR SHOTGUN.
   5. (A) IF, IN ACCORDANCE WITH  A  TEMPORARY  EXTREME  RISK  PROTECTION
 ORDER,  A  FIREARM,  RIFLE OR SHOTGUN HAS BEEN SURRENDERED BY OR REMOVED
 FROM THE RESPONDENT, AND THE SUPREME COURT SUBSEQUENTLY FINDS  THAT  THE
 PETITIONER HAS NOT MET THE REQUIRED STANDARD OF PROOF, THE COURT'S FIND-
 ING SHALL INCLUDE A WRITTEN ORDER, ISSUED TO ALL PARTIES, DIRECTING THAT
 ANY  FIREARM,  RIFLE  OR SHOTGUN SURRENDERED OR REMOVED PURSUANT TO SUCH
 TEMPORARY ORDER SHALL BE RETURNED TO  THE  RESPONDENT,  UPON  A  WRITTEN
 FINDING THAT THERE IS NO LEGAL IMPEDIMENT TO THE RESPONDENT'S POSSESSION
 OF SUCH FIREARM, RIFLE OR SHOTGUN.
   (B)  IF  ANY  OTHER  PERSON  DEMONSTRATES THAT HE OR SHE IS THE LAWFUL
 OWNER OF ANY FIREARM, RIFLE OR SHOTGUN SURRENDERED OR  REMOVED  PURSUANT
 TO  A  PROTECTION  ORDER  ISSUED  IN  ACCORDANCE  WITH THIS ARTICLE, AND
 PROVIDED THAT THE COURT HAS MADE A WRITTEN  FINDING  THAT  THERE  IS  NO
 LEGAL  IMPEDIMENT TO THE PERSON'S POSSESSION OF A SURRENDERED OR REMOVED
 FIREARM, RIFLE OR SHOTGUN, THE COURT SHALL  DIRECT  THAT  SUCH  FIREARM,
 RIFLE OR SHOTGUN BE RETURNED TO SUCH LAWFUL OWNER AND INFORM SUCH PERSON
 OF  THE  OBLIGATION  TO  SAFELY STORE SUCH FIREARM, RIFLE, OR SHOTGUN IN
 ACCORDANCE WITH SECTION 265.45 OF THE PENAL LAW.
   6. THE RESPONDENT SHALL BE NOTIFIED ON THE RECORD AND  IN  WRITING  BY
 THE  COURT  THAT  HE  OR SHE MAY SUBMIT ONE WRITTEN REQUEST, AT ANY TIME
 DURING THE EFFECTIVE PERIOD OF AN EXTREME RISK PROTECTION ORDER,  FOR  A
 HEARING  SETTING  ASIDE  ANY PORTION OF SUCH ORDER. THE REQUEST SHALL BE
 SUBMITTED IN SUBSTANTIALLY THE SAME FORM AND MANNER AS PRESCRIBED BY THE
 CHIEF ADMINISTRATOR OF THE COURTS. UPON SUCH REQUEST,  THE  COURT  SHALL
 PROMPTLY  HOLD A HEARING, IN ACCORDANCE WITH THIS ARTICLE, AFTER PROVID-
 ING REASONABLE NOTICE TO THE PETITIONER.  THE RESPONDENT SHALL BEAR  THE

 A. 11148                            7
 
 BURDEN TO PROVE, BY CLEAR AND CONVINCING EVIDENCE, ANY CHANGE OF CIRCUM-
 STANCES THAT MAY JUSTIFY A CHANGE TO THE ORDER.
   §  6344. SURRENDER AND REMOVAL OF FIREARMS, RIFLES AND SHOTGUNS PURSU-
 ANT TO AN EXTREME RISK PROTECTION ORDER. 1. WHEN A LAW ENFORCEMENT OFFI-
 CER TAKES ANY FIREARM, RIFLE OR SHOTGUN PURSUANT TO A TEMPORARY  EXTREME
 RISK  PROTECTION  ORDER  OR  A  FINAL EXTREME RISK PROTECTION ORDER, THE
 OFFICER SHALL GIVE TO THE PERSON FROM WHOM SUCH FIREARM, RIFLE OR  SHOT-
 GUN IS TAKEN A RECEIPT OR VOUCHER FOR THE PROPERTY TAKEN, DESCRIBING THE
 PROPERTY  IN DETAIL. IN THE ABSENCE OF A PERSON, THE OFFICER SHALL LEAVE
 THE RECEIPT OR VOUCHER IN THE PLACE WHERE THE PROPERTY WAS FOUND, MAIL A
 COPY OF THE RECEIPT OR VOUCHER, RETAINING PROOF OF MAILING, TO THE  LAST
 KNOWN  ADDRESS  OF  THE  RESPONDENT  AND, IF DIFFERENT, THE OWNER OF THE
 FIREARM, RIFLE OR SHOTGUN, AND FILE A COPY OF SUCH  RECEIPT  OR  VOUCHER
 WITH THE COURT. ALL FIREARMS, RIFLES AND SHOTGUNS IN THE POSSESSION OF A
 LAW  ENFORCEMENT  OFFICIAL  PURSUANT TO THIS ARTICLE SHALL BE SUBJECT TO
 THE PROVISIONS OF APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO  SUBDIVI-
 SION SIX OF SECTION 400.05 OF THE PENAL LAW; PROVIDED, HOWEVER, THAT ANY
 SUCH  FIREARM, RIFLE OR SHOTGUN SHALL BE RETAINED AND NOT DISPOSED OF BY
 THE LAW ENFORCEMENT AGENCY FOR AT LEAST TWO YEARS UNLESS LEGALLY  TRANS-
 FERRED  BY  THE  RESPONDENT TO AN INDIVIDUAL PERMITTED BY LAW TO OWN AND
 POSSESS SUCH FIREARM, RIFLE OR SHOTGUN.
   2. IF THE LOCATION TO BE SEARCHED DURING THE EXECUTION OF A  TEMPORARY
 EXTREME RISK PROTECTION ORDER OR EXTREME RISK PROTECTION ORDER IS JOINT-
 LY  OCCUPIED  BY  TWO  OR  MORE PARTIES, AND A FIREARM, RIFLE OR SHOTGUN
 LOCATED DURING THE EXECUTION OF SUCH ORDER IS OWNED BY  A  PERSON  OTHER
 THAN  THE RESPONDENT, THE COURT SHALL, UPON A WRITTEN FINDING THAT THERE
 IS NO LEGAL  IMPEDIMENT  TO  THE  PERSON  OTHER  THAN  THE  RESPONDENT'S
 POSSESSION  OF  SUCH FIREARM, RIFLE OR SHOTGUN, ORDER THE RETURN OF SUCH
 FIREARM, RIFLE OR SHOTGUN TO SUCH LAWFUL OWNER AND INFORM SUCH PERSON OF
 THEIR OBLIGATION TO SAFELY STORE THEIR FIREARM,  RIFLE,  OR  SHOTGUN  IN
 ACCORDANCE WITH SECTION 265.45 OF THE PENAL LAW.
   §  6345.  REQUEST  FOR RENEWAL OF AN EXTREME RISK PROTECTION ORDER. 1.
 IF A PETITIONER BELIEVES A PERSON SUBJECT TO AN EXTREME RISK  PROTECTION
 ORDER  CONTINUES  TO BE 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,
 SUCH  PETITIONER MAY, AT ANY TIME WITHIN SIXTY DAYS PRIOR TO THE EXPIRA-
 TION OF SUCH EXISTING EXTREME RISK PROTECTION ORDER, INITIATE A  REQUEST
 FOR  A  RENEWAL OF SUCH ORDER, SETTING FORTH THE FACTS AND CIRCUMSTANCES
 NECESSITATING THE REQUEST. THE CHIEF ADMINISTRATOR OF THE  COURTS  SHALL
 ADOPT  FORMS  THAT MAY BE USED FOR PURPOSES OF SUCH APPLICATIONS AND THE
 COURT'S CONSIDERATION OF SUCH APPLICATIONS. THE COURT MAY ISSUE A TEMPO-
 RARY EXTREME RISK PROTECTION ORDER IN  ACCORDANCE  WITH  SECTION  SIXTY-
 THREE  HUNDRED  FORTY-TWO  OF  THIS  ARTICLE,  DURING  THE PERIOD THAT A
 REQUEST FOR RENEWAL OF AN EXTREME RISK PROTECTION ORDER IS UNDER CONSID-
 ERATION PURSUANT TO THIS SECTION.
   2. A HEARING HELD PURSUANT TO THIS SECTION SHALL BE CONDUCTED  IN  THE
 SUPREME  COURT,  IN  ACCORDANCE  WITH SECTION SIXTY-THREE HUNDRED FORTY-
 THREE OF THIS ARTICLE, TO DETERMINE IF A  REQUEST  FOR  RENEWAL  OF  THE
 ORDER  SHALL  BE  GRANTED.  THE  RESPONDENT SHALL BE SERVED WITH WRITTEN
 NOTICE OF AN APPLICATION FOR RENEWAL A REASONABLE TIME BEFORE THE  HEAR-
 ING,  AND  SHALL  BE AFFORDED AN OPPORTUNITY TO FULLY PARTICIPATE IN THE
 HEARING. THE COURT SHALL DIRECT SERVICE  OF  SUCH  APPLICATION  AND  THE
 ACCOMPANYING PAPERS IN THE MANNER AND IN ACCORDANCE WITH THE PROTECTIONS
 FOR  THE  PETITIONER SET FORTH IN SUBDIVISION SIX OF SECTION SIXTY-THREE
 HUNDRED FORTY-TWO OF THIS ARTICLE.

 A. 11148                            8
 
   §  6346.  EXPIRATION  OF  AN  EXTREME  RISK  PROTECTION  ORDER.  1.  A
 PROTECTION ORDER ISSUED PURSUANT TO THIS ARTICLE, AND ALL RECORDS OF ANY
 PROCEEDINGS  CONDUCTED  PURSUANT  TO  THIS ARTICLE, SHALL BE SEALED UPON
 EXPIRATION OF SUCH ORDER  AND  THE  CLERK  OF  THE  COURT  WHEREIN  SUCH
 PROCEEDINGS  WERE CONDUCTED SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF
 THE DIVISION OF CRIMINAL JUSTICE SERVICES, THE HEADS OF ALL  APPROPRIATE
 POLICE  DEPARTMENTS, APPLICABLE LICENSING OFFICERS, AND ALL OTHER APPRO-
 PRIATE LAW ENFORCEMENT AGENCIES THAT THE ORDER HAS EXPIRED AND THAT  THE
 RECORD  OF  SUCH PROTECTION ORDER SHALL BE SEALED AND NOT BE MADE AVAIL-
 ABLE TO ANY PERSON OR PUBLIC OR PRIVATE ENTITY, EXCEPT THAT SUCH RECORDS
 SHALL BE MADE AVAILABLE TO:
   (A) THE RESPONDENT OR THE RESPONDENT'S DESIGNATED AGENT;
   (B) COURTS IN THE UNIFIED COURT SYSTEM;
   (C) POLICE FORCES AND DEPARTMENTS HAVING RESPONSIBILITY  FOR  ENFORCE-
 MENT OF THE GENERAL CRIMINAL LAWS OF THE STATE;
   (D)  ANY  STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY FOR THE
 ISSUANCE OF LICENSES TO POSSESS A FIREARM, RIFLE OR  SHOTGUN,  WHEN  THE
 RESPONDENT HAS MADE APPLICATION FOR SUCH A LICENSE; AND
   (E)  ANY  PROSPECTIVE EMPLOYER OF A POLICE OFFICER OR PEACE OFFICER AS
 THOSE TERMS ARE DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR  OF
 SECTION  1.20  OF THE CRIMINAL PROCEDURE LAW, IN RELATION TO AN APPLICA-
 TION FOR EMPLOYMENT AS A POLICE  OFFICER  OR  PEACE  OFFICER;  PROVIDED,
 HOWEVER,  THAT  EVERY  PERSON  WHO  IS  AN APPLICANT FOR THE POSITION OF
 POLICE OFFICER OR PEACE OFFICER SHALL BE FURNISHED WITH A  COPY  OF  ALL
 RECORDS  OBTAINED UNDER THIS SUBPARAGRAPH AND AFFORDED AN OPPORTUNITY TO
 MAKE AN EXPLANATION THERETO.
   2. UPON EXPIRATION OF A PROTECTION ORDER ISSUED PURSUANT TO THIS ARTI-
 CLE AND UPON WRITTEN APPLICATION OF THE RESPONDENT WHO IS THE SUBJECT OF
 SUCH ORDER, WITH NOTICE AND OPPORTUNITY TO BE HEARD  TO  THE  PETITIONER
 AND  EVERY  LICENSING  OFFICER  RESPONSIBLE  FOR  ISSUANCE  OF A FIREARM
 LICENSE TO THE SUBJECT OF THE ORDER PURSUANT TO ARTICLE FOUR HUNDRED  OF
 THE  PENAL LAW, AND UPON A WRITTEN FINDING THAT THERE IS NO LEGAL IMPED-
 IMENT TO THE RESPONDENT'S POSSESSION OF A SURRENDERED FIREARM, RIFLE  OR
 SHOTGUN, THE COURT SHALL ORDER THE RETURN OF A FIREARM, RIFLE OR SHOTGUN
 NOT  OTHERWISE DISPOSED OF IN ACCORDANCE WITH SUBDIVISION ONE OF SECTION
 SIXTY-THREE HUNDRED FORTY-FOUR OF THIS ARTICLE. WHEN ISSUING SUCH  ORDER
 IN  CONNECTION  WITH  ANY FIREARM SUBJECT TO A LICENSE REQUIREMENT UNDER
 ARTICLE FOUR HUNDRED OF THE PENAL LAW, IF THE LICENSING OFFICER  INFORMS
 THE  COURT  THAT  HE  OR  SHE WILL SEEK TO REVOKE THE LICENSE, THE ORDER
 SHALL BE STAYED BY THE COURT UNTIL THE CONCLUSION OF ANY LICENSE REVOCA-
 TION PROCEEDING.
   §  6347.  EFFECT  OF  FINDINGS  AND   DETERMINATIONS   IN   SUBSEQUENT
 PROCEEDINGS.   NOTWITHSTANDING ANY CONTRARY CLAIM BASED ON COMMON LAW OR
 A PROVISION OF ANY OTHER LAW, NO FINDING OR DETERMINATION MADE  PURSUANT
 TO  THIS  ARTICLE  SHALL BE INTERPRETED AS BINDING, OR HAVING COLLATERAL
 ESTOPPEL OR SIMILAR EFFECT, IN ANY OTHER ACTION OR PROCEEDING,  OR  WITH
 RESPECT  TO  ANY  OTHER DETERMINATION OR FINDING, IN ANY COURT, FORUM OR
 ADMINISTRATIVE PROCEEDING.
   § 2. Section 265.45 of the penal law, as amended by section 3 of  part
 FF of chapter 57 of the laws of 2013, is amended to read as follows:
 § 265.45 Safe storage of rifles, shotguns, and firearms.
   No  person who owns or is custodian of a rifle, shotgun or firearm who
 resides with an individual who such person knows or has reason  to  know
 is  prohibited  from possessing a firearm pursuant to 18 U.S.C. § 922(g)
 (1), (4), (8) or (9), OR PURSUANT TO A TEMPORARY OR FINAL  EXTREME  RISK
 PROTECTION  ORDER  ISSUED UNDER ARTICLE SIXTY-THREE-A OF THE CIVIL PRAC-

 A. 11148                            9

 TICE LAW AND RULES, shall store or otherwise leave such  rifle,  shotgun
 or  firearm  out  of  his or her immediate possession or control without
 having first securely locked such rifle, shotgun or firearm in an appro-
 priate  safe  storage depository or rendered it incapable of being fired
 by use of a gun locking device appropriate to that weapon. For  purposes
 of  this  section  "safe  storage depository" shall mean a safe or other
 secure container which, when locked, is incapable of being opened  with-
 out  the key, combination or other unlocking mechanism and is capable of
 preventing  an  unauthorized  person  from  obtaining  access   to   and
 possession of the weapon contained therein. With respect to a person who
 is  prohibited from possessing a firearm pursuant to 18 USC § 922(g)(9),
 for purposes of this section, this section applies only if  such  person
 has  been  convicted  of  a crime included in subdivision one of section
 370.15 of the criminal procedure law and such gun  is  possessed  within
 five  years  from  the  later of the date of conviction or completion of
 sentence. Nothing in this section shall be deemed to affect,  impair  or
 supersede  any  special  or  local  act  relating to the safe storage of
 rifles, shotguns or firearms which impose additional requirements on the
 owner or custodian of such weapons.
   A violation of this section shall constitute a class A misdemeanor.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.