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S02451 Summary:

BILL NOS02451
 
SAME ASSAME AS UNI. A02689
 
SPONSORKAVANAGH
 
COSPNSRADDABBO, BAILEY, BENJAMIN, BIAGGI, BRESLIN, BROOKS, CARLUCCI, COMRIE, GAUGHRAN, GIANARIS, GOUNARDES, HARCKHAM, HOYLMAN, JACKSON, KAMINSKY, KAPLAN, KRUEGER, LIU, MARTINEZ, MAYER, MONTGOMERY, MYRIE, PARKER, PERSAUD, RAMOS, RIVERA, SALAZAR, SANDERS, SAVINO, SEPULVEDA, SERRANO, STAVISKY, STEWART-COUSINS, THOMAS
 
MLTSPNSR
 
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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S02451 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 2451                                                  A. 2689
 
                               2019-2020 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                    January 24, 2019
                                       ___________
 
        IN  SENATE  --  Introduced by Sens. KAVANAGH, ADDABBO, BAILEY, BENJAMIN,
          BIAGGI,  BRESLIN,  BROOKS,  CARLUCCI,  COMRIE,   GAUGHRAN,   GIANARIS,
          GOUNARDES, HARCKHAM, HOYLMAN, JACKSON, KAMINSKY, KAPLAN, KRUEGER, LIU,
          MARTINEZ,  MAYER,  MONTGOMERY,  MYRIE, PARKER, PERSAUD, RAMOS, RIVERA,
          SALAZAR, SANDERS, SAVINO, SEPULVEDA, SERRANO, STAVISKY,  STEWART-COUS-
          INS,  THOMAS -- read twice and ordered printed, and when printed to be
          committed to the Committee on Judiciary
 
        IN  ASSEMBLY  --  Introduced  by  M.  of  A.  SIMON,  LENTOL,   HEASTIE,
          PEOPLES-STOKES,  ORTIZ,  DICKENS,  PICHARDO, GOTTFRIED, MOSLEY, GALEF,
          GLICK,  JOYNER,  L. ROSENTHAL,  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 -- Multi-Spon-
          sored by -- M. of A. EPSTEIN, THIELE -- read once and referred to  the
          Committee on Codes

        AN  ACT  to amend the civil practice law and rules and the penal law, in
          relation to establishing extreme risk protection orders  as  court-is-
          sued  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:
 
     1    Section 1. The civil practice law and rules is amended by adding a new
     2  article 63-A to read as follows:
     3                                ARTICLE 63-A
     4                       EXTREME RISK PROTECTION ORDERS
     5  Section 6340. Definitions.
     6          6341. Application for an extreme risk protection order.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
        SA                                                         LBD08628-02-9

        S. 2451                             2                            A. 2689
 
     1          6342. Issuance of a temporary extreme risk protection order.
     2          6343. Issuance of a final extreme risk protection order.
     3          6344. Surrender  and  removal  of  firearms, rifles and shotguns
     4                 pursuant to an extreme risk protection order.
     5          6345. Request for renewal of an extreme risk protection order.
     6          6346. Expiration of an extreme risk protection order.
     7          6347. Effect  of  findings  and  determinations  in   subsequent
     8                 proceedings.
     9    § 6340. Definitions. For the purposes of this article:
    10    1.  "Extreme  risk  protection  order"  means  a court-issued order of
    11  protection prohibiting a person from purchasing, possessing or  attempt-
    12  ing to purchase or possess a firearm, rifle or shotgun.
    13    2.  "Petitioner"  means:  (a)  a police officer, as defined in section
    14  1.20 of the criminal procedure law, or district attorney with  jurisdic-
    15  tion  in  the  county or city where the person against whom the order is
    16  sought resides; (b) a family or household member, as defined in subdivi-
    17  sion two of section four hundred fifty-nine-a  of  the  social  services
    18  law,  of  the  person  against whom the order is sought; or (c) a school
    19  administrator as defined in section eleven hundred  twenty-five  of  the
    20  education  law,  or  a school administrator's designee, of any school in
    21  which the person against whom the order is sought is currently  enrolled
    22  or  has been enrolled in the six months immediately preceding the filing
    23  of the petition. For purposes of this article, a school  administrator's
    24  designee  shall be employed at the same school as the school administra-
    25  tor and shall be any of the following who has been designated in writing
    26  to file a petition with respect to the person against whom the order  is
    27  sought:  a  school  teacher,  school guidance counselor, school psychol-
    28  ogist, school social worker, school nurse,  or  other  school  personnel
    29  required  to  hold  a teaching or administrative license or certificate,
    30  and full or part-time compensated school employee  required  to  hold  a
    31  temporary coaching license or professional coaching certificate.
    32    3.  "Respondent"  means  the  person  against  whom  an  extreme  risk
    33  protection order is or may be sought under this article.
    34    4. "Possess" shall have the same meaning  as  defined  in  subdivision
    35  eight of section 10.00 of the penal law.
    36    §  6341.  Application for an extreme risk protection order. In accord-
    37  ance with this article, a petitioner  may  file  an  application,  which
    38  shall be sworn, and accompanying supporting documentation, setting forth
    39  the  facts  and circumstances justifying the issuance of an extreme risk
    40  protection order. Such application and supporting documentation shall be
    41  filed in the supreme  court  in  the  county  in  which  the  respondent
    42  resides.  The  chief  administrator of the courts shall adopt forms that
    43  may be used for purposes of such applications and the court's  consider-
    44  ation  of such applications. Such application form shall include inquiry
    45  as to whether the petitioner knows, or has reason to believe,  that  the
    46  respondent  owns, possesses or has access to a firearm, rifle or shotgun
    47  and if so, a request that the petitioner list or describe such firearms,
    48  rifles and shotguns, and the respective locations thereof, with as  much
    49  specificity as possible.
    50    §  6342.  Issuance  of  a  temporary extreme risk protection order. 1.
    51  Upon application of a petitioner pursuant to this article, the court may
    52  issue a temporary extreme risk protection order, ex parte or  otherwise,
    53  to  prohibit the respondent from purchasing, possessing or attempting to
    54  purchase or possess a firearm, rifle or shotgun,  upon  a  finding  that
    55  there is probable cause to believe the respondent is likely to engage in
    56  conduct that would result in serious harm to himself, herself or others,

        S. 2451                             3                            A. 2689
 
     1  as defined in paragraph one or two of subdivision (a) of section 9.39 of
     2  the  mental hygiene law. Such application for a temporary order shall be
     3  determined in writing on the same day the application is filed.
     4    2.  In  determining  whether  grounds  for  a  temporary  extreme risk
     5  protection order exist, the court shall consider  any  relevant  factors
     6  including, but not limited to, the following acts of the respondent:
     7    (a)  a  threat  or  act  of violence or use of physical force directed
     8  toward self, the petitioner, or another person;
     9    (b) a violation or alleged violation of an order of protection;
    10    (c) any pending charge or conviction for an offense involving the  use
    11  of a weapon;
    12    (d)  the  reckless  use, display or brandishing of a firearm, rifle or
    13  shotgun;
    14    (e) any history of a violation of an extreme risk protection order;
    15    (f) evidence of recent or ongoing abuse of  controlled  substances  or
    16  alcohol; or
    17    (g)  evidence  of  recent  acquisition of a firearm, rifle, shotgun or
    18  other deadly weapon or dangerous instrument, or any ammunition therefor.
    19    In considering the factors under this  subdivision,  the  court  shall
    20  consider  the  time that has elapsed since the occurrence of such act or
    21  acts and the age of the person at the time of the occurrence of such act
    22  or acts.
    23    For the purposes of this subdivision, "recent" means  within  the  six
    24  months prior to the date the petition was filed.
    25    3.  The application of the petitioner and supporting documentation, if
    26  any, shall set forth the factual basis  for  the  request  and  probable
    27  cause  for issuance of a temporary order. The court may conduct an exam-
    28  ination under oath of the petitioner and any witness the petitioner  may
    29  produce.
    30    4.  A  temporary  extreme  risk  protection order, if warranted, shall
    31  issue in writing, and shall include:
    32    (a) a statement of the grounds found for the issuance of the order;
    33    (b) the date and time the order expires;
    34    (c) the address of the court that issued the order;
    35    (d) a statement to the respondent: (i) directing that  the  respondent
    36  may  not  purchase, possess or attempt to purchase or possess a firearm,
    37  rifle or shotgun while the order is in  effect  and  that  any  firearm,
    38  rifle  or shotgun possessed by such respondent shall be promptly surren-
    39  dered to any authorized law enforcement official in the same  manner  as
    40  set  forth  in subdivision five of section 530.14 of the criminal proce-
    41  dure law;
    42    (ii) informing the respondent that the court will hold  a  hearing  no
    43  sooner  than  three nor more than six business days after service of the
    44  temporary order, to determine whether a final  extreme  risk  protection
    45  order  will  be  issued and the date, time and location of such hearing,
    46  provided that the respondent shall be entitled to  more  than  six  days
    47  upon  request  in  order to prepare for the hearing; and (iii) informing
    48  the respondent the he or she may seek the advice of an attorney and that
    49  an attorney should be consulted promptly; and
    50    (e) a form to be completed and executed by the respondent at the  time
    51  of  service of the temporary extreme risk protection order which elicits
    52  a list of all firearms, rifles and shotguns possessed by the  respondent
    53  and the particular location of each firearm, rifle or shotgun listed.
    54    5. If the application for a temporary extreme risk protection order is
    55  not  granted,  the  court  shall  notify  the petitioner and, unless the
    56  application is voluntarily  withdrawn  by  the  petitioner,  nonetheless

        S. 2451                             4                            A. 2689
 
     1  schedule  a  hearing  on  the  application  for  a  final  extreme  risk
     2  protection order. Such hearing shall be scheduled to be  held  promptly,
     3  but in any event no later than ten business days after the date on which
     4  such  application  is  served on the respondent, provided, however, that
     5  the respondent may request, and the court may grant, additional time  to
     6  allow  the respondent to prepare for the hearing. A notice of such hear-
     7  ing shall be prepared by the court and shall include the date  and  time
     8  of  the  hearing, the address of the court, and the subject of the hear-
     9  ing.
    10    6. (a) The court shall, in the manner specified in  paragraph  (b)  of
    11  this  subdivision, arrange for prompt service of a copy of the temporary
    12  extreme risk protection order, if any, the application therefor and,  if
    13  separately  applied  for or if a temporary extreme risk protection order
    14  was not granted, the application for an extreme risk  protection  order,
    15  any  notice  of hearing prepared by the court, along with any associated
    16  papers  including  the  petition  and  any   supporting   documentation,
    17  provided,  that the court may redact the address and contact information
    18  of the petitioner from such application and papers where the court finds
    19  that disclosure of such address or other contact information would  pose
    20  an unreasonable risk to the health or safety of the petitioner.
    21    (b)  The court shall provide copies of such documents to the appropri-
    22  ate law enforcement agency serving the jurisdiction of the  respondent's
    23  residence with a direction that such documents be promptly served, at no
    24  cost  to  the petitioner, on the respondent; provided, however, that the
    25  petitioner may voluntarily arrange for service of copies of  such  order
    26  and  associated papers through a third party, such as a licensed process
    27  server.
    28    7. (a) The court shall notify the division of state police, any  other
    29  law enforcement agency with jurisdiction, all applicable licensing offi-
    30  cers, and the division of criminal justice services of the issuance of a
    31  temporary extreme risk protection order and provide a copy of such order
    32  no  later  than  the  next  business day after issuing the order to such
    33  persons or agencies. The court also shall promptly notify  such  persons
    34  and  agencies  and provide a copy of any order amending or revoking such
    35  protection order or restoring the respondent's ability to own or possess
    36  firearms, rifles or shotguns no later than the next business  day  after
    37  issuing  the  order  to  restore such right to the respondent. The court
    38  also shall report such demographic data as required by the  state  divi-
    39  sion  of criminal justice services at the time such order is transmitted
    40  thereto. Any notice or report submitted  pursuant  to  this  subdivision
    41  shall be in an electronic format, in a manner prescribed by the division
    42  of criminal justice services.
    43    (b)  Upon receiving notice of the issuance of a temporary extreme risk
    44  protection order, the division of criminal justice services shall  imme-
    45  diately  report  the  existence  of  such order to the federal bureau of
    46  investigation to allow the bureau to identify  persons  prohibited  from
    47  purchasing  firearms,  rifles or shotguns. The division shall also imme-
    48  diately report to the bureau  the  expiration  of  any  such  protection
    49  order,  any  court  order  amending or revoking such protection order or
    50  restoring the respondent's ability to purchase a firearm, rifle or shot-
    51  gun.
    52    8.  A  law  enforcement  officer  serving  a  temporary  extreme  risk
    53  protection order shall request that the respondent immediately surrender
    54  to  the  officer  all  firearms, rifles and shotguns in the respondent's
    55  possession and the officer shall conduct any search permitted by law for
    56  such firearms. The law enforcement officer shall take possession of  all

        S. 2451                             5                            A. 2689
 
     1  firearms,  rifles  and  shotguns that are surrendered, that are in plain
     2  sight, or that are discovered pursuant to a lawful search.   As part  of
     3  the  order,  the  court  may  also direct a police officer to search for
     4  firearms, rifles and shotguns in the respondent's possession in a manner
     5  consistent  with  the  procedures  of  article six hundred ninety of the
     6  criminal procedure law.
     7    9. Upon issuance of a temporary extreme risk protection order, or upon
     8  setting a hearing for a final extreme  risk  protection  order  where  a
     9  temporary  order  is denied or not requested, the court shall direct the
    10  law enforcement agency  having  jurisdiction  to  conduct  a  background
    11  investigation  and  report  to the court and, subject to any appropriate
    12  redactions to protect any  person,  each  party  regarding  whether  the
    13  respondent:
    14    (a)  has any prior criminal conviction for an offense involving domes-
    15  tic violence, use of a weapon, or other violence;
    16    (b) has any criminal charge or violation currently pending against him
    17  or her;
    18    (c) is currently on parole or probation;
    19    (d) possesses any registered firearms, rifles or shotguns; and
    20    (e) has been, or is,  subject  to  any  order  of  protection  or  has
    21  violated or allegedly violated any order of protection.
    22    §  6343.  Issuance  of  a  final  extreme risk protection order. 1. In
    23  accordance with this article, no sooner than  three  business  days  nor
    24  later  than  six business days after service of a temporary extreme risk
    25  protection order and, alternatively, no later  than  ten  business  days
    26  after  service  of  an application under this article where no temporary
    27  extreme risk protection order has been issued, the supreme  court  shall
    28  hold  a  hearing  to  determine  whether  to  issue a final extreme risk
    29  protection order and, when applicable, whether a firearm, rifle or shot-
    30  gun surrendered by, or removed from, the respondent should  be  returned
    31  to  the  respondent.  The  respondent shall be entitled to more than six
    32  business days if a temporary extreme  risk  protection  order  has  been
    33  issued  and  the  respondent  requests a reasonable period of additional
    34  time to prepare for the hearing.  Where  no  temporary  order  has  been
    35  issued,  the respondent may request, and the court may grant, additional
    36  time beyond the ten days to allow the  respondent  to  prepare  for  the
    37  hearing.
    38    2.  At  the  hearing  pursuant to subdivision one of this section, the
    39  petitioner shall have the burden of proving,  by  clear  and  convincing
    40  evidence,  that the respondent is likely to engage in conduct that would
    41  result in serious harm to himself, herself  or  others,  as  defined  in
    42  paragraph  one  or  two of subdivision (a) of section 9.39 of the mental
    43  hygiene law. The court  may  consider  the  petition  and  any  evidence
    44  submitted  by  the petitioner, any evidence submitted by the respondent,
    45  any testimony presented, and the report of the relevant law  enforcement
    46  agency  submitted  pursuant  to  subdivision nine of section sixty-three
    47  hundred forty-two of this article. The court  shall  also  consider  the
    48  factors  set  forth  in  subdivision  two of section sixty-three hundred
    49  forty-two of this article.
    50    3. (a) After the hearing pursuant to subdivision one of this  section,
    51  the  court  shall  issue a written order granting or denying the extreme
    52  risk protection order and setting forth the reasons  for  such  determi-
    53  nation. If the extreme risk protection order is granted, the court shall
    54  direct  service  of  such order in the manner and in accordance with the
    55  protections for the petitioner set forth in subdivision six  of  section
    56  sixty-three hundred forty-two of this article.

        S. 2451                             6                            A. 2689
 
     1    (b)  Upon  issuance  of  an  extreme  risk  protection  order: (i) any
     2  firearm, rifle or shotgun removed pursuant to a temporary  extreme  risk
     3  protection order or such extreme risk protection order shall be retained
     4  by  the  law  enforcement agency having jurisdiction for the duration of
     5  the  order, unless ownership of the firearm, rifle or shotgun is legally
     6  transferred by the respondent to another individual permitted by law  to
     7  own  and  possess such firearm, rifle or shotgun; (ii) the supreme court
     8  shall temporarily suspend any existing firearm license possessed by  the
     9  respondent  and  order  the respondent temporarily ineligible for such a
    10  license; (iii) the respondent shall be  prohibited  from  purchasing  or
    11  possessing,  or  attempting  to purchase or possess, a firearm, rifle or
    12  shotgun; and (iv) the court shall direct the respondent to surrender any
    13  firearm, rifle or shotgun in his or her possession in the same manner as
    14  set forth in subdivision five of section 530.14 of the  criminal  proce-
    15  dure law.
    16    (c)  An  extreme  risk protection order issued in accordance with this
    17  section shall extend, as specified by the court, for a period of  up  to
    18  one year from the date of the issuance of such order; provided, however,
    19  that  if such order was immediately preceded by the issuance of a tempo-
    20  rary extreme risk protection order, then the  duration  of  the  extreme
    21  risk  protection  order  shall  be measured from the date of issuance of
    22  such temporary extreme risk protection order.
    23    (d) A law enforcement officer serving a final extreme risk  protection
    24  order  shall  request  that  the respondent immediately surrender to the
    25  officer all firearms, rifles and shotguns in the respondent's possession
    26  and the officer shall conduct any  search  permitted  by  law  for  such
    27  firearms.  The  law  enforcement  officer  shall  take possession of all
    28  firearms, rifles and shotguns that are surrendered, that  are  in  plain
    29  sight,  or  that are discovered pursuant to a lawful search.  As part of
    30  the order, the court may also direct a  police  officer  to  search  for
    31  firearms,  rifles  and  shotguns in a respondent's possession consistent
    32  with the procedures of article six hundred ninety of the criminal proce-
    33  dure law.
    34    4. (a) The court shall notify the division of state police, any  other
    35  law enforcement agency with jurisdiction, all applicable licensing offi-
    36  cers, and the division of criminal justice services of the issuance of a
    37  final  extreme risk protection order and provide a copy of such order to
    38  such persons and agencies no later than  the  next  business  day  after
    39  issuing the order. The court also shall promptly notify such persons and
    40  agencies  and  provide  a  copy  of  any order amending or revoking such
    41  protection order or restoring the respondent's ability to own or possess
    42  firearms, rifles or shotguns no later than the next business  day  after
    43  issuing the order to restore such right to the respondent. Any notice or
    44  report  submitted pursuant to this subdivision shall be in an electronic
    45  format, in a manner prescribed  by  the  division  of  criminal  justice
    46  services.
    47    (b)  Upon  receiving  notice  of  the issuance of a final extreme risk
    48  protection order, the division of criminal justice services shall  imme-
    49  diately  report  the  existence  of  such order to the federal bureau of
    50  investigation to allow the bureau to identify  persons  prohibited  from
    51  purchasing  firearms,  rifles or shotguns. The division shall also imme-
    52  diately report to the bureau the expiration of such protection order and
    53  any court order amending or revoking such protection order or  restoring
    54  the respondent's ability to purchase a firearm, rifle or shotgun.
    55    5.  (a)  If,  in  accordance  with a temporary extreme risk protection
    56  order, a firearm, rifle or shotgun has been surrendered  by  or  removed

        S. 2451                             7                            A. 2689
 
     1  from  the  respondent, and the supreme court subsequently finds that the
     2  petitioner has not met the required standard of proof, the court's find-
     3  ing shall include a written order, issued to all parties, directing that
     4  any  firearm,  rifle  or shotgun surrendered or removed pursuant to such
     5  temporary order shall be returned to  the  respondent,  upon  a  written
     6  finding that there is no legal impediment to the respondent's possession
     7  of such firearm, rifle or shotgun.
     8    (b)  If  any  other  person  demonstrates that he or she is the lawful
     9  owner of any firearm, rifle or shotgun surrendered or  removed  pursuant
    10  to  a  protection  order  issued  in  accordance  with this article, and
    11  provided that the court has made a written  finding  that  there  is  no
    12  legal  impediment to the person's possession of a surrendered or removed
    13  firearm, rifle or shotgun, the court shall  direct  that  such  firearm,
    14  rifle or shotgun be returned to such lawful owner and inform such person
    15  of  the  obligation  to  safely store such firearm, rifle, or shotgun in
    16  accordance with section 265.45 of the penal law.
    17    6. The respondent shall be notified on the record and  in  writing  by
    18  the  court  that  he  or she may submit one written request, at any time
    19  during the effective period of an extreme risk protection order,  for  a
    20  hearing  setting  aside  any portion of such order. The request shall be
    21  submitted in substantially the same form and manner as prescribed by the
    22  chief administrator of the courts. Upon such request,  the  court  shall
    23  promptly  hold a hearing, in accordance with this article, after provid-
    24  ing reasonable notice to the petitioner.  The respondent shall bear  the
    25  burden to prove, by clear and convincing evidence, any change of circum-
    26  stances that may justify a change to the order.
    27    §  6344. Surrender and removal of firearms, rifles and shotguns pursu-
    28  ant to an extreme risk protection order. 1. When a law enforcement offi-
    29  cer takes any firearm, rifle or shotgun pursuant to a temporary  extreme
    30  risk  protection  order  or  a  final extreme risk protection order, the
    31  officer shall give to the person from whom such firearm, rifle or  shot-
    32  gun is taken a receipt or voucher for the property taken, describing the
    33  property  in detail. In the absence of a person, the officer shall leave
    34  the receipt or voucher in the place where the property was found, mail a
    35  copy of the receipt or voucher, retaining proof of mailing, to the  last
    36  known  address  of  the  respondent  and, if different, the owner of the
    37  firearm, rifle or shotgun, and file a copy of such  receipt  or  voucher
    38  with the court. All firearms, rifles and shotguns in the possession of a
    39  law  enforcement  official  pursuant to this article shall be subject to
    40  the provisions of applicable law, including but not limited to  subdivi-
    41  sion six of section 400.05 of the penal law; provided, however, that any
    42  such  firearm, rifle or shotgun shall be retained and not disposed of by
    43  the law enforcement agency for at least two years unless legally  trans-
    44  ferred  by  the  respondent to an individual permitted by law to own and
    45  possess such firearm, rifle or shotgun.
    46    2. If the location to be searched during the execution of a  temporary
    47  extreme risk protection order or extreme risk protection order is joint-
    48  ly  occupied  by  two  or  more parties, and a firearm, rifle or shotgun
    49  located during the execution of such order is owned by  a  person  other
    50  than  the respondent, the court shall, upon a written finding that there
    51  is no legal  impediment  to  the  person  other  than  the  respondent's
    52  possession  of  such firearm, rifle or shotgun, order the return of such
    53  firearm, rifle or shotgun to such lawful owner and inform such person of
    54  their obligation to safely store their firearm,  rifle,  or  shotgun  in
    55  accordance with section 265.45 of the penal law.

        S. 2451                             8                            A. 2689
 
     1    §  6345.  Request  for renewal of an extreme risk protection order. 1.
     2  If a petitioner believes a person subject to an extreme risk  protection
     3  order  continues  to be likely to engage in conduct that would result in
     4  serious harm to himself, herself, or others, as defined in paragraph one
     5  or  two  of  subdivision  (a) of section 9.39 of the mental hygiene law,
     6  such petitioner may, at any time within sixty days prior to the  expira-
     7  tion  of such existing extreme risk protection order, initiate a request
     8  for a renewal of such order, setting forth the facts  and  circumstances
     9  necessitating  the  request. The chief administrator of the courts shall
    10  adopt forms that may be used for purposes of such applications  and  the
    11  court's consideration of such applications. The court may issue a tempo-
    12  rary  extreme  risk  protection  order in accordance with section sixty-
    13  three hundred forty-two of  this  article,  during  the  period  that  a
    14  request for renewal of an extreme risk protection order is under consid-
    15  eration pursuant to this section.
    16    2.  A  hearing held pursuant to this section shall be conducted in the
    17  supreme court, in accordance with  section  sixty-three  hundred  forty-
    18  three  of  this  article,  to  determine if a request for renewal of the
    19  order shall be granted. The respondent  shall  be  served  with  written
    20  notice  of an application for renewal a reasonable time before the hear-
    21  ing, and shall be afforded an opportunity to fully  participate  in  the
    22  hearing.  The  court  shall  direct  service of such application and the
    23  accompanying papers in the manner and in accordance with the protections
    24  for the petitioner set forth in subdivision six of  section  sixty-three
    25  hundred forty-two of this article.
    26    §  6346.  Expiration  of  an  extreme  risk  protection  order.  1.  A
    27  protection order issued pursuant to this article, and all records of any
    28  proceedings conducted pursuant to this article,  shall  be  sealed  upon
    29  expiration  of  such  order  and  the  clerk  of  the court wherein such
    30  proceedings were conducted shall immediately notify the commissioner  of
    31  the  division of criminal justice services, the heads of all appropriate
    32  police departments, applicable licensing officers, and all other  appro-
    33  priate  law enforcement agencies that the order has expired and that the
    34  record of such protection order shall be sealed and not be  made  avail-
    35  able to any person or public or private entity, except that such records
    36  shall be made available to:
    37    (a) the respondent or the respondent's designated agent;
    38    (b) courts in the unified court system;
    39    (c)  police  forces and departments having responsibility for enforce-
    40  ment of the general criminal laws of the state;
    41    (d) any state or local officer or agency with responsibility  for  the
    42  issuance  of  licenses  to possess a firearm, rifle or shotgun, when the
    43  respondent has made application for such a license; and
    44    (e) any prospective employer of a police officer or peace  officer  as
    45  those  terms are defined in subdivisions thirty-three and thirty-four of
    46  section 1.20 of the criminal procedure law, in relation to  an  applica-
    47  tion  for  employment  as  a  police officer or peace officer; provided,
    48  however, that every person who is  an  applicant  for  the  position  of
    49  police  officer  or  peace officer shall be furnished with a copy of all
    50  records obtained under this subparagraph and afforded an opportunity  to
    51  make an explanation thereto.
    52    2. Upon expiration of a protection order issued pursuant to this arti-
    53  cle and upon written application of the respondent who is the subject of
    54  such  order,  with  notice and opportunity to be heard to the petitioner
    55  and every licensing  officer  responsible  for  issuance  of  a  firearm
    56  license  to the subject of the order pursuant to article four hundred of

        S. 2451                             9                            A. 2689
 
     1  the penal law, and upon a written finding that there is no legal  imped-
     2  iment  to the respondent's possession of a surrendered firearm, rifle or
     3  shotgun, the court shall order the return of a firearm, rifle or shotgun
     4  not  otherwise disposed of in accordance with subdivision one of section
     5  sixty-three hundred forty-four of this article. When issuing such  order
     6  in  connection  with  any firearm subject to a license requirement under
     7  article four hundred of the penal law, if the licensing officer  informs
     8  the  court  that  he  or  she will seek to revoke the license, the order
     9  shall be stayed by the court until the conclusion of any license revoca-
    10  tion proceeding.
    11    §  6347.  Effect  of  findings  and   determinations   in   subsequent
    12  proceedings.   Notwithstanding any contrary claim based on common law or
    13  a provision of any other law, no finding or determination made  pursuant
    14  to  this  article  shall be interpreted as binding, or having collateral
    15  estoppel or similar effect, in any other action or proceeding,  or  with
    16  respect  to  any  other determination or finding, in any court, forum or
    17  administrative proceeding.
    18    § 2. Section 265.45 of the penal law, as amended by section 3 of  part
    19  FF of chapter 57 of the laws of 2013, is amended to read as follows:
    20  § 265.45 Safe storage of rifles, shotguns, and firearms.
    21    No  person who owns or is custodian of a rifle, shotgun or firearm who
    22  resides with an individual who such person knows or has reason  to  know
    23  is  prohibited  from possessing a firearm pursuant to 18 U.S.C. § 922(g)
    24  (1), (4), (8) or (9), or pursuant to a temporary or final  extreme  risk
    25  protection  order  issued under article sixty-three-A of the civil prac-
    26  tice law and rules, shall store or otherwise leave such  rifle,  shotgun
    27  or  firearm  out  of  his or her immediate possession or control without
    28  having first securely locked such rifle, shotgun or firearm in an appro-
    29  priate safe storage depository or rendered it incapable of  being  fired
    30  by  use of a gun locking device appropriate to that weapon. For purposes
    31  of this section "safe storage depository" shall mean  a  safe  or  other
    32  secure  container which, when locked, is incapable of being opened with-
    33  out the key, combination or other unlocking mechanism and is capable  of
    34  preventing   an   unauthorized  person  from  obtaining  access  to  and
    35  possession of the weapon contained therein. With respect to a person who
    36  is prohibited from possessing a firearm pursuant to 18 USC §  922(g)(9),
    37  for  purposes  of this section, this section applies only if such person
    38  has been convicted of a crime included in  subdivision  one  of  section
    39  370.15  of  the  criminal procedure law and such gun is possessed within
    40  five years from the later of the date of  conviction  or  completion  of
    41  sentence.  Nothing  in this section shall be deemed to affect, impair or
    42  supersede any special or local act  relating  to  the  safe  storage  of
    43  rifles, shotguns or firearms which impose additional requirements on the
    44  owner or custodian of such weapons.
    45    A violation of this section shall constitute a class A misdemeanor.
    46    § 3. Severability. If any part or provision of this act is adjudged by
    47  a  court  of  competent jurisdiction to be unconstitutional or otherwise
    48  invalid, such judgment shall not affect or  impair  any  other  part  or
    49  provision  of  this  act, but shall be confined in its operation to such
    50  part or provision.
    51    § 4. This act shall take effect on the one hundred eightieth day after
    52  it shall have become a law.
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