Legislation
SECTION 6340
Definitions
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 63-A
§ 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
attempting to purchase or possess a firearm, rifle or shotgun.
2. "Petitioner" means: (a) a law enforcement agency that employs a
police officer, as such term is defined in section 1.20 of the criminal
procedure law, or a police officer or district attorney with
jurisdiction in the county or city where the person against whom the
order is sought resides; (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; (c) a
school administrator as defined in section eleven hundred twenty-five of
the education law, or a school administrator's designee, of any school
in which the person against whom the order is sought is currently
enrolled or has been enrolled in the six months immediately preceding
the filing of the petition; or (d) a licensed physician, licensed
psychiatrist, licensed psychologist, registered nurse, licensed clinical
social worker, certified clinical nurse specialist, certified nurse
practitioner, licensed clinical marriage and family therapist,
registered professional nurse, licensed master social worker or licensed
mental health counselor who has treated the person against whom the
order is sought in the six months immediately preceding the filing of
the petition. For purposes of this article, a school administrator's
designee shall be employed at the same school as the school
administrator and shall be any of the following who has been designated
in writing to file a petition with respect to the person against whom
the order is sought: a school teacher, school guidance counselor, school
psychologist, school social worker, school nurse, 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.
1. "Extreme risk protection order" means a court-issued order of
protection prohibiting a person from purchasing, possessing or
attempting to purchase or possess a firearm, rifle or shotgun.
2. "Petitioner" means: (a) a law enforcement agency that employs a
police officer, as such term is defined in section 1.20 of the criminal
procedure law, or a police officer or district attorney with
jurisdiction in the county or city where the person against whom the
order is sought resides; (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; (c) a
school administrator as defined in section eleven hundred twenty-five of
the education law, or a school administrator's designee, of any school
in which the person against whom the order is sought is currently
enrolled or has been enrolled in the six months immediately preceding
the filing of the petition; or (d) a licensed physician, licensed
psychiatrist, licensed psychologist, registered nurse, licensed clinical
social worker, certified clinical nurse specialist, certified nurse
practitioner, licensed clinical marriage and family therapist,
registered professional nurse, licensed master social worker or licensed
mental health counselor who has treated the person against whom the
order is sought in the six months immediately preceding the filing of
the petition. For purposes of this article, a school administrator's
designee shall be employed at the same school as the school
administrator and shall be any of the following who has been designated
in writing to file a petition with respect to the person against whom
the order is sought: a school teacher, school guidance counselor, school
psychologist, school social worker, school nurse, 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.