Assembly Bill A8976B

2017-2018 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Judiciary Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2017-A8976 - Details

See Senate Version of this Bill:
S7133
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add Art 63-A §§6340 - 6347, CPLR; amd §530.14, CP L; amd §265.45, Pen L

2017-A8976 - Summary

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.

2017-A8976 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8976
 
                           I N  A S S E M B L Y
 
                              January 9, 2018
                                ___________
 
 Introduced  by M. of A. SIMON -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the civil practice law and rules, the criminal procedure
   law and the penal  law,  in  relation  to  establishing  extreme  risk
   protection  orders  as court-issued orders of protection prohibiting a
   person from  purchasing,  possessing  or  attempting  to  purchase  or
   possess a firearm, rifle or shotgun
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules are 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; OR (B) A FAMILY  OR  HOUSEHOLD  MEMBER,  AS  DEFINED  IN
 SUBDIVISION  TWO  OF  SECTION  FOUR  HUNDRED  FIFTY-NINE-A OF THE SOCIAL
 SERVICES LAW, OF THE PERSON AGAINST WHOM THE ORDER IS SOUGHT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

2017-A8976A - Details

See Senate Version of this Bill:
S7133
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add Art 63-A §§6340 - 6347, CPLR; amd §530.14, CP L; amd §265.45, Pen L

2017-A8976A - Summary

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.

2017-A8976A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8976--A
 
                           I N  A S S E M B L Y
 
                              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
 
 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:
 
   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; OR (B) A FAMILY  OR  HOUSEHOLD  MEMBER,  AS  DEFINED  IN
 SUBDIVISION  TWO  OF  SECTION  FOUR  HUNDRED  FIFTY-NINE-A OF THE SOCIAL
 SERVICES LAW, OF THE PERSON AGAINST WHOM THE ORDER IS SOUGHT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

multi-Sponsors

2017-A8976B (ACTIVE) - Details

See Senate Version of this Bill:
S7133
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add Art 63-A §§6340 - 6347, CPLR; amd §530.14, CP L; amd §265.45, Pen L

2017-A8976B (ACTIVE) - Summary

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.

2017-A8976B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8976--B
 
                           I N  A S S E M B L Y
 
                              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:
 
   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; OR (B) A FAMILY  OR  HOUSEHOLD  MEMBER,  AS  DEFINED  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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