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A02689 Summary:

BILL NOA02689
 
SAME ASSAME AS UNI. S02451
 
SPONSORSimon (MS)
 
COSPNSRLentol, Heastie, Peoples-Stokes, Ortiz, Dickens, Pichardo, Gottfried, Mosley, Galef, Glick, Joyner, Rosenthal L, O'Donnell, Fahy, Seawright, D'Urso, Englebright, Quart, Carroll, Paulin, Magnarelli, Hunter, De La Rosa, Taylor, Abinanti, Lavine, Rivera, Barron, Vanel, Zebrowski, Niou, Steck, Dinowitz, Simotas, Blake, Jaffee, Rozic, Aubry, Wright, Otis, Weprin, Davila, Bichotte, Arroyo, Buchwald, Burke, Griffin, Jacobson, McMahon, Stern, Bronson, Cruz, Reyes, Sayegh, Frontus, Epstein, Rosenthal D, Braunstein, Ramos, Perry
 
MLTSPNSRThiele
 
Add Art 63-A 6340 - 6347, CPLR; amd 265.45, Pen L
 
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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A02689 Actions:

BILL NOA02689
 
01/24/2019referred to codes
01/28/2019reported referred to rules
01/28/2019reported
01/28/2019rules report cal.24
01/28/2019ordered to third reading rules cal.24
01/29/2019substituted by s2451
 S02451 AMEND= KAVANAGH
 01/24/2019REFERRED TO JUDICIARY
 01/28/2019REPORTED AND COMMITTED TO RULES
 01/28/2019ORDERED TO THIRD READING CAL.95
 01/29/2019PASSED SENATE
 01/29/2019DELIVERED TO ASSEMBLY
 01/29/2019referred to codes
 01/29/2019substituted for a2689
 01/29/2019ordered to third reading rules cal.24
 01/29/2019passed assembly
 01/29/2019returned to senate
 02/22/2019DELIVERED TO GOVERNOR
 02/25/2019SIGNED CHAP.19
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A02689 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2689
 
SPONSOR: Simon (MS)
  TITLE OF BILL: An act to amend the civil practice law and rules 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   PURPOSE OR GENERAL IDEA OF BILL: This bill would prevent individuals determined by a court to be likely to engage in conduct that would result in serious harm to themselves or others from purchasing, possessing, or attempting to purchase or possess a firearm, rifle, or shotgun.   SUMMARY OF PROVISIONS: Section one of the bill would add a new Article 63-A to the Civil Prac- tice Law and Rules (CPLR) creating a procedure for requesting and issu- ing temporary and final extreme risk protection orders and surrendering or removing firearms possessed by a person subject to such orders. Section two of the bill would amend section 530.14 of the Criminal Procedure Law (CPL) to provide that, before ordering the return of firearms to a person who had been subject to removal of firearms due to the issuance of an order of protection, a county licensing officer must provide notice and an opportunity to be heard to the District Attorney, the County Attorney, the protected party, and every licensing officer responsible for the issuance of a firearms license to the person. Section three of the bill would amend section 265.45 of the Penal Law to include a person subject to an extreme risk possession order within the list of persons residing with a firearm owner, which triggers the requirement that the firearm owner's rifles, shotguns and firearms be securely locked in an appropriate safe storage depository or rendered incapable of being fired by use of a gun locking device appropriate to that weapon. Section four of the bill provides for an effective date one hundred and eighty days following enactment.   JUSTIFICATION: New York currently lacks a procedure permitting a court to issue an order to temporarily seize firearms from a person who is believed to pose a severe threat of harm to himself, herself, or others unless that person has also been accused of a crime or family offense. Under the current law, despite the fact that family members often contact law enforcement when they fear that a loved one poses a threat of violence to others or him or herself, a court can only issue a temporary order of protection in connection with a criminal or family offense proceeding. More protections are needed to prevent unnecessary gun violence by those pose a threat of harm to themselves or others. This bill would provide all of the necessary procedural safeguards to ensure that no firearm is removed without due process while ensuring that tragedies like the school shooting in Parkland, FL and the mass killing at the Waffle House in Nashville, Tennessee do not occur in New York. In both of those cases, the shooter was reported by multiple sources to be disturbed and dangerous yet was allowed to purchase and possess deadly firearms. An extreme risk protection order would have prevented countless, needless deaths.   PRIOR LEGISLATIVE HISTORY: 2018: A8976B (Simon) - Passed Assembly 2017: A6994 (Kavanagh) - Passed Assembly 2016: A07038 (Kavanagh) - Codes 2015: A07038 (Kavanagh) - Codes   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None noted.   EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law.
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