Legislation
SECTION 6341
Application for an extreme risk protection order
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 63-A
§ 6341. Application for an extreme risk protection order. In
accordance with this article, a petitioner may file an application,
which shall be sworn, and accompanying supporting documentation, setting
forth the facts and circumstances justifying the issuance of an extreme
risk protection order. Provided, however, that a petitioner that is a
law enforcement agency that employs a police officer, as such term
defined in section 1.20 of the criminal procedure law, or is a police
officer or district attorney with jurisdiction in the county or city
where the person against whom the order is sought resides shall file
such application upon the receipt of credible information that an
individual is likely to engage in conduct that would result in serious
harm to themself or others, as defined in paragraph one or two of
subdivision (a) of section 9.39 of the mental hygiene law, unless such
petitioner determines that there is no probable cause for such filing.
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.
accordance with this article, a petitioner may file an application,
which shall be sworn, and accompanying supporting documentation, setting
forth the facts and circumstances justifying the issuance of an extreme
risk protection order. Provided, however, that a petitioner that is a
law enforcement agency that employs a police officer, as such term
defined in section 1.20 of the criminal procedure law, or is a police
officer or district attorney with jurisdiction in the county or city
where the person against whom the order is sought resides shall file
such application upon the receipt of credible information that an
individual is likely to engage in conduct that would result in serious
harm to themself or others, as defined in paragraph one or two of
subdivision (a) of section 9.39 of the mental hygiene law, unless such
petitioner determines that there is no probable cause for such filing.
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.