§ 6344. Surrender and removal of firearms, rifles and shotguns
pursuant to an extreme risk protection order. 1. When a law enforcement
officer 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
shotgun 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 subdivision 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 transferred 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
jointly 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.