Ren Art 12 §1211 to be Art 13 §1311, add Art 12 §§1211 - 1215, Fam Ct Act
Relates to gun violence restraining orders; provides a procedure whereby family members may prohibit persons from owning or possessing firearms if the person poses an immediate and present danger of causing personal injury to himself, herself, or another by having in his or her custody or control a firearm and a gun violence restraining order is necessary to prevent personal injury to the subject of the petition or another because less restrictive alternatives either have been tried and found to be ineffective, or have been determined to be inadequate.
STATE OF NEW YORK
________________________________________________________________________
4389--A
2015-2016 Regular Sessions
IN SENATE
March 18, 2015
___________
Introduced by Sens. HOYLMAN, COMRIE, HAMILTON -- read twice and ordered
printed, and when printed to be committed to the Committee on Judici-
ary -- recommitted to the Committee on Judiciary in accordance with
Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the family court act, in relation to gun violence
restraining orders
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Article 12 of the family court act is renumbered article
2 13, section 1211 is renumbered section 1311 and a new article 12 is
3 added to read as follows:
4 ARTICLE 12
5 GUN VIOLENCE RESTRAINING ORDER
6 Section 1211. General.
7 1212. Temporary emergency gun violence restraining order.
8 1213. Ex parte gun violence restraining order.
9 1214. Gun violence restraining order issued after notice and
10 hearing.
11 1215. Offenses.
12 § 1211. General. 1. A gun violence restraining order is an order, in
13 writing, signed by the court, prohibiting and enjoining a named person
14 from having in his or her custody or control, owning, purchasing,
15 possessing, or receiving any firearms or ammunition. This article estab-
16 lishes a civil restraining order process to accomplish that purpose.
17 2. The office of court administration shall prescribe the form of the
18 petitions and orders and any other documents, and shall promulgate any
19 rules of court, necessary to implement this article.
20 3. A petition for a gun violence restraining order shall describe the
21 number, types, and locations of any firearms and ammunition presently
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04326-03-6
S. 4389--A 2
1 believed by the petitioner to be possessed or controlled by the subject
2 of the petition.
3 4. Nothing in this article shall be interpreted to require a law
4 enforcement agency or a law enforcement officer to seek a gun violence
5 restraining order in any case, including, but not limited to, in a case
6 in which the agency or officer concludes, after investigation, that the
7 criteria for issuance of a gun violence restraining order are not satis-
8 fied.
9 5. Prior to a hearing on the issuance, renewal, or termination of an
10 order under section twelve hundred thirteen or twelve hundred fourteen
11 of this article the court shall ensure that a search warrant is
12 conducted and shall keep information obtained from a search conducted
13 pursuant to this section confidential.
14 6. (a) The court shall notify the division of criminal justice
15 services when a gun violence restraining order has been issued or
16 renewed under this article no later than one court day after issuing or
17 renewing the order.
18 (b) The court shall notify the division of criminal justice services
19 when a gun violence restraining order has been dissolved or terminated
20 under this article no later than five court days after dissolving or
21 terminating the order. Upon receipt of either a notice of dissolution or
22 a notice of termination of a gun violence restraining order, the divi-
23 sion of criminal justice services shall, within fifteen days, document
24 the updated status of any order issued under this article.
25 (c) The notices required to be submitted to the division of criminal
26 justice services pursuant to this section shall be submitted in an elec-
27 tronic format, in a manner prescribed by the division.
28 (d) When notifying the division of criminal justice services pursuant
29 to paragraph (a) or (b) of this subdivision, the court shall indicate in
30 the notice whether the person subject to the gun violence restraining
31 order was present in court to be informed of the contents of the order
32 or if the person failed to appear. The person's presence in court shall
33 constitute proof of service of notice of the terms of the order.
34 (e) (1) Within one business day of service, a law enforcement officer
35 who served a gun violence restraining order shall submit the proof of
36 service directly into the database established under section two hundred
37 twenty-one-a of the executive law, including his or her name and law
38 enforcement agency, and shall transmit the original proof of service
39 form to the issuing court.
40 (2) Within one business day of receipt of proof of service by a person
41 other than a law enforcement officer, the clerk of the court shall
42 submit the proof of service of a gun violence restraining order directly
43 into the database established under section two hundred twenty-one-a of
44 the executive law, including the name of the person who served the
45 order. If the court is unable to provide this notification to the divi-
46 sion of criminal justice services by electronic transmission, the court
47 shall, within one business day of receipt, transmit a copy of the proof
48 of service to a local law enforcement agency. The local law enforcement
49 agency shall submit the proof of service directly into the registry
50 established under section two hundred twenty-one-a of the executive law
51 within one business day of receipt from the court.
52 7. (a) A person subject to a gun violence restraining order issued
53 pursuant to this article shall not have in his or her custody or
54 control, own, purchase, possess, or receive any firearms or ammunition
55 while that order is in effect.
S. 4389--A 3
1 (b) (1) Upon issuance of a gun violence restraining order issued
2 pursuant to this article, the court shall order the restrained person to
3 surrender to the local law enforcement agency all firearms and ammuni-
4 tion in the restrained person's custody or control, or which the
5 restrained person possesses or owns.
6 (2) The surrender ordered pursuant to subparagraph one of this para-
7 graph shall occur by immediately surrendering all firearms and ammuni-
8 tion in a safe manner, upon request of any law enforcement officer, to
9 the control of the officer, after being served with the restraining
10 order. A law enforcement officer serving a gun violence restraining
11 order that indicates that the restrained person possesses any firearms
12 or ammunition shall request that all firearms and ammunition be imme-
13 diately surrendered. Alternatively, if no request is made by a law
14 enforcement officer, the surrender shall occur within twenty-four hours
15 of being served with the order, by either surrendering all firearms and
16 ammunition in a safe manner to the control of the local law enforcement
17 agency, or by selling all firearms and ammunition to a licensed gun
18 dealer. The law enforcement officer or licensed gun dealer taking
19 possession of any firearms or ammunition pursuant to this subdivision
20 shall issue a receipt to the person surrendering the firearm or firearms
21 or ammunition or both at the time of surrender. A person ordered to
22 surrender all firearms and ammunition pursuant to this subdivision
23 shall, within forty-eight hours after being served with the order, do
24 both of the following:
25 (A) File with the court that issued the gun violence restraining order
26 the original receipt showing all firearms and ammunition have been
27 surrendered to a local law enforcement agency or sold to a licensed gun
28 dealer. Failure to timely file a receipt shall constitute a violation of
29 the restraining order.
30 (B) File a copy of the receipt described in clause (A) of this subpar-
31 agraph with the law enforcement agency that served the gun violence
32 restraining order. Failure to timely file a copy of the receipt shall
33 constitute a violation of the restraining order.
34 (c) (1) Any firearms or ammunition surrendered to a law enforcement
35 officer or law enforcement agency pursuant to this section shall be
36 retained by the law enforcement agency until the expiration of any gun
37 violence restraining order that has been issued against the restrained
38 person. Upon expiration of any order, any firearms or ammunition shall
39 be returned to the restrained person.
40 (2) A restrained person who owns any firearms or ammunition that are
41 in the custody of a law enforcement agency pursuant to this section and
42 who does not wish to have the firearm or firearms or ammunition returned
43 is entitled to sell or transfer title of any firearms or ammunition to a
44 licensed dealer provided that the firearm or firearms or ammunition are
45 otherwise legal to own or possess and the restrained person otherwise
46 has right to title of the firearm or firearms or ammunition.
47 (d) If a person other than the restrained person claims title to any
48 firearms or ammunition surrendered pursuant to this section, and he or
49 she is determined by the law enforcement agency to be the lawful owner
50 of the firearm or firearms or ammunition, the firearm or firearms or
51 ammunition shall be returned to him or her.
52 § 1212. Temporary emergency gun violence restraining order. 1. A
53 temporary emergency gun violence restraining order may be issued on an
54 ex parte basis only if a law enforcement officer asserts, and a judicial
55 officer finds, that there is reasonable cause to believe both of the
56 following:
S. 4389--A 4
1 (a) The subject of the petition poses an immediate and present danger
2 of causing personal injury to himself, herself, or another by having in
3 his or her custody or control, owning, purchasing, possessing, or
4 receiving a firearm; and
5 (b) A temporary emergency gun violence restraining order is necessary
6 to prevent personal injury to the subject of the petition or another
7 because less restrictive alternatives either have been tried and found
8 to be ineffective, or have been determined to be inadequate or inappro-
9 priate for the circumstances of the subject of the petition.
10 2. A temporary emergency gun violence restraining order issued pursu-
11 ant to this section shall prohibit the subject of the petition from
12 having in his or her custody or control, owning, purchasing, possessing,
13 or receiving, or attempting to purchase or receive, a firearm or ammuni-
14 tion, and shall expire twenty-one days from the date the order is
15 issued.
16 3. A temporary emergency gun violence restraining order is valid only
17 if it is issued by a judicial officer after making the findings required
18 by subdivision one of this section and pursuant to a specific request by
19 a law enforcement officer.
20 4. A temporary emergency gun violence restraining order issued under
21 this section shall include all of the following:
22 (a) A statement of the grounds supporting the issuance of the order.
23 (b) The date and time the order expires.
24 (c) The address of the superior court for the county in which the
25 restrained party resides; and
26 (d) The following statement: "To the restrained person: This order
27 will last until the date and time noted above. You are required to
28 surrender all firearms and ammunition that you own or possess in accord-
29 ance with Article 12 of the Family Court Act and you may not have in
30 your custody or control, own, purchase, possess, or receive, or attempt
31 to purchase or receive a firearm or ammunition, while this order is in
32 effect. However, a more permanent gun violence restraining order may be
33 obtained from the court. You may seek the advice of an attorney as to
34 any matter connected with the order. The attorney should be consulted
35 promptly so that the attorney may assist you in any matter connected
36 with the order."
37 5. A law enforcement officer who requests a temporary emergency gun
38 violence restraining order shall do all of the following:
39 (a) If the order is obtained orally, memorialize the order of the
40 court on the form approved by the office of court administration;
41 (b) Serve the order on the restrained person, if the restrained person
42 can reasonably be located;
43 (c) File a copy of the order with the court as soon as practicable
44 after issuance;
45 (d) Have the order entered into the computer database system for
46 protective orders maintained by the division of criminal justice
47 services.
48 6. (a) (1) Except as provided in subparagraph two of this paragraph,
49 the petition for a temporary emergency gun violence restraining order
50 shall be obtained by submitting a written petition to the court.
51 (2) If time and circumstances do not permit the submission of a writ-
52 ten petition, a temporary emergency gun violence restraining order may
53 be issued in accordance with the procedures for obtaining an oral search
54 warrant.
55 (b) The presiding judge of the supreme court of each county shall
56 designate at least one judge, commissioner, or referee who shall be
S. 4389--A 5
1 reasonably available to issue temporary emergency gun violence restrain-
2 ing orders when the family court is not in session.
3 § 1213. Ex parte gun violence restraining order. 1. (a) A family
4 member of a person or a law enforcement officer may file a petition
5 requesting that the court issue an ex parte gun violence restraining
6 order enjoining the subject of the petition from having in his or her
7 custody or control, owning, purchasing, possessing, or receiving a
8 firearm or ammunition.
9 (b) For the purposes of this section, "family member" shall mean a
10 member of the same family or household as defined in section eight
11 hundred twelve of this chapter.
12 (c) A court may issue an ex parte gun violence restraining order if
13 the petition, supported by an affidavit made in writing and signed by
14 the petitioner under oath, or an oral statement taken pursuant to subdi-
15 vision two of this section and any additional information provided to
16 the court shows that there is a substantial likelihood that both of the
17 following are true:
18 (1) The subject of the petition poses a significant danger, in the
19 near future, of personal injury to himself, herself, or another by
20 having in his or her custody or control, owning, purchasing, possessing,
21 or receiving a firearm as determined by considering the factors listed
22 in subdivision two of this section.
23 (2) An ex parte gun violence restraining order is necessary to prevent
24 personal injury to the subject of the petition or another because less
25 restrictive alternatives either have been tried and found to be ineffec-
26 tive, or are inadequate or inappropriate for the circumstances of the
27 subject of the petition.
28 (d) An affidavit supporting a petition for the issuance of an ex parte
29 gun violence restraining order shall set forth the facts tending to
30 establish the grounds of the petition, or the reason for believing that
31 they exist.
32 (e) An ex parte order under this section shall be issued or denied on
33 the same day that the petition is submitted to the court, unless the
34 petition is filed too late in the day to permit effective review, in
35 which case the order shall be issued or denied on the next day of judi-
36 cial business in sufficient time for the order to be filed that day with
37 the clerk of the court.
38 2. (a) (1) The court, before issuing an ex parte gun violence
39 restraining order, shall examine on oath, the petitioner and any witness
40 the petitioner may produce.
41 (2) In lieu of examining the petitioner and any witness the petitioner
42 may produce, the court may require the petitioner and any witness to
43 submit a written affidavit signed under oath.
44 (b) (1) In determining whether grounds for a gun violence restraining
45 order exist, the court shall consider all evidence of the following:
46 (A) A recent threat of violence or act of violence by the subject of
47 the petition directed toward another.
48 (B) A recent threat of violence or act of violence by the subject of
49 the petition directed toward himself or herself.
50 (C) A violation of an emergency order of protection that is in effect
51 at the time the court is considering the petition.
52 (D) A recent violation of an unexpired order of protection.
53 (E) A pattern of violent acts or violent threats within the past
54 twelve months, including, but not limited to, threats of violence or
55 acts of violence by the subject of the petition directed toward himself,
56 herself, or another.
S. 4389--A 6
1 (2) In determining whether grounds for a gun violence restraining
2 order exist, the court may consider any other evidence of an increased
3 risk for violence, including, but not limited to, evidence of any of the
4 following:
5 (A) The unlawful and reckless use, display, or brandishing of a
6 firearm by the subject of the petition.
7 (B) The history of use, attempted use, or threatened use of physical
8 force by the subject of the petition against another person.
9 (C) Any prior arrest of the subject of the petition for a felony
10 offense.
11 (D) Any history of a violation by the subject of the petition of an
12 emergency order of protection.
13 (E) Any history of a violation by the subject of the petition of an
14 order of protection.
15 (F) Documentary evidence, including, but not limited to, police
16 reports and records of convictions, of either recent criminal offenses
17 by the subject of the petition that involve controlled substances or
18 alcohol or ongoing abuse of controlled substances or alcohol by the
19 subject of the petition.
20 (G) Evidence of recent acquisition of firearms, ammunition, or other
21 deadly weapons.
22 (3) For the purposes of this subdivision, "recent" shall mean within
23 the six months prior to the date the petition was filed.
24 (c) If the court determines that grounds to issue an ex parte gun
25 violence restraining order exist, it shall issue an ex parte gun
26 violence restraining order that prohibits the subject of the petition
27 from having in his or her custody or control, owning, purchasing,
28 possessing, or receiving, or attempting to purchase or receive, a
29 firearm or ammunition, and expires no later than twenty-one days from
30 the date of the order.
31 3. (a) An ex parte gun violence restraining order issued under this
32 section shall include all of the following:
33 (1) A statement of the grounds supporting the issuance of the order.
34 (2) The date and time the order expires.
35 (3) The address of the superior court in which any responsive pleading
36 should be filed.
37 (4) The date and time of the scheduled hearing.
38 (5) The following statement: "To the restrained person: This order is
39 valid until the expiration date and time noted above. You are required
40 to surrender all firearms and ammunition that you own or possess in
41 accordance with Article 12 of the Family Court Act and you may not have
42 in your custody or control, own, purchase, possess, or receive, or
43 attempt to purchase or receive a firearm or ammunition, while this order
44 is in effect. A hearing will be held on the date and at the time noted
45 above to determine if a more permanent gun violence restraining order
46 should be issued. Failure to appear at that hearing may result in a
47 court making an order against you that is valid for a year. You may seek
48 the advice of an attorney as to any matter connected with the order. The
49 attorney should be consulted promptly so that the attorney may assist
50 you in any matter connected with the order."
51 (b) (1) An ex parte gun violence restraining order shall be personally
52 served on the restrained person by a law enforcement officer, or any
53 person who is at least eighteen years of age and not a party to the
54 action, if the restrained person can reasonably be located.
S. 4389--A 7
1 (2) When serving a gun violence restraining order, a law enforcement
2 officer shall inform the restrained person of the hearing scheduled
3 pursuant to subdivision four of this section.
4 4. Within twenty-one days after the date on the order, before the
5 court that issued the order or another court in the same jurisdiction,
6 the court shall hold a hearing pursuant to section twelve hundred four-
7 teen of this article to determine if a gun violence restraining order
8 should be issued.
9 § 1214. Gun violence restraining order issued after notice and hear-
10 ing. 1. (a) A family member of a person or a law enforcement officer may
11 request that a court, after notice and a hearing, issue a gun violence
12 restraining order enjoining the subject of the petition from having in
13 his or her custody or control, owning, purchasing, possessing, or
14 receiving a firearm or ammunition for a period of one year.
15 (b) For the purposes of this section, "family member" shall mean a
16 member of the same family or household as defined in section eight
17 hundred twelve of this chapter.
18 2. In determining whether to issue a gun violence restraining order
19 under this section, the court shall consider evidence of the facts iden-
20 tified in subparagraph one of paragraph (b) of subdivision two of
21 section twelve hundred thirteen of this article and may consider any
22 other evidence of an increased risk for violence, including, but not
23 limited to, evidence of the facts identified in subparagraph two of
24 paragraph (b) of subdivision two of section twelve hundred thirteen of
25 this article.
26 3. (a) At the hearing, the petitioner shall have the burden of prov-
27 ing, by clear and convincing evidence, that both of the following are
28 true:
29 (1) The subject of the petition, or a person subject to an ex parte
30 gun violence restraining order, as applicable, poses a significant
31 danger of personal injury to himself, herself, or another by having in
32 his or her custody or control, owning, purchasing, possessing, or
33 receiving a firearm or ammunition.
34 (2) A gun violence restraining order is necessary to prevent personal
35 injury to the subject of the petition, or the person subject to an ex
36 parte gun violence restraining order, as applicable, or another because
37 less restrictive alternatives either have been tried and found to be
38 ineffective, or are inadequate or inappropriate for the circumstances of
39 the subject of the petition, or the person subject to an ex parte gun
40 violence restraining order, as applicable.
41 (b) (1) If the court finds that there is clear and convincing evidence
42 to issue a gun violence restraining order, the court shall issue a gun
43 violence restraining order that prohibits the subject of the petition
44 from having in his or her custody or control, owning, purchasing,
45 possessing, or receiving, or attempting to purchase or receive, a
46 firearm or ammunition.
47 (2) If the court finds that there is not clear and convincing evidence
48 to support the issuance of a gun violence restraining order, the court
49 shall dissolve any temporary emergency or ex parte gun violence
50 restraining order then in effect.
51 (c) The gun violence restraining order issued under this section shall
52 have a duration of one year, subject to termination by further order of
53 the court at a hearing held pursuant to subdivision four of this section
54 and renewal by further order of the court pursuant to subdivision five
55 of this section.
S. 4389--A 8
1 4. (a) A gun violence restraining order issued pursuant to this chap-
2 ter shall include all of the following:
3 (1) A statement of the grounds supporting the issuance of the order.
4 (2) The date and time the order expires.
5 (3) The address of the superior court for the county in which the
6 restrained party resides.
7 (4) The following statement: "To the restrained person: This order
8 will last until the date and time noted above. If you have not done so
9 already, you must surrender all firearms and ammunition that you own or
10 possess in accordance with Article 12 of the Family Court Act. You may
11 not have in your custody or control, own, purchase, possess, or receive,
12 or attempt to purchase or receive a firearm or ammunition, while this
13 order is in effect. Pursuant to section 1214 of the Family Court Act,
14 you have the right to request one hearing to terminate this order at any
15 time during its effective period. You may seek the advice of an attorney
16 as to any matter connected with the order."
17 (b) When the court issues a gun violence restraining order under this
18 article, the court shall inform the restrained person that he or she is
19 entitled to one hearing to request a termination of the order, pursuant
20 to subdivision five of this section, and shall provide the restrained
21 person with a form to request a hearing.
22 5. (a) A person subject to a gun violence restraining order issued
23 under this section may submit one written request at any time during the
24 effective period of the order for a hearing to terminate the order.
25 (b) If the court finds after the hearing that there is no longer clear
26 and convincing evidence to believe: (1) that the person poses a signif-
27 icant danger, in the near future, of personal injury to himself,
28 herself, or another by having in his or her custody or control, owning,
29 purchasing, possessing, or receiving a firearm as determined under
30 section twelve hundred thirteen of this article; or
31 (2) that a gun violence restraining order is necessary to prevent
32 personal injury to the subject of the petition or another, the court
33 shall terminate the order.
34 6. (a) (1) A family member of a restrained person or a law enforcement
35 officer may request a renewal of a gun violence restraining order at any
36 time within the three months before the expiration of a gun violence
37 restraining order.
38 (2) For the purposes of this subdivision, "family member" shall mean a
39 member of the same family or household as defined in section eight
40 hundred twelve of this chapter.
41 (b) A court may, after notice and a hearing, renew a gun violence
42 restraining order issued under this section if the petitioner proves, by
43 clear and convincing evidence, that the subject of the petition poses a
44 significant danger, in the near future, of personal injury to himself,
45 herself, or another by having in his or her custody or control, owning,
46 purchasing, possessing, or receiving a firearm as determined by consid-
47 ering the factors listed in subdivision two of this section; or that a
48 gun violence restraining order is necessary to prevent personal injury
49 to the subject of the petition or another because less restrictive
50 alternatives either have been tried and found to be ineffective, or are
51 inadequate or inappropriate for the circumstances of the subject of the
52 petition.
53 (c) In determining whether to renew a gun violence restraining order
54 issued under this section, the court shall consider evidence of the
55 facts identified in subparagraph one of paragraph (b) of subdivision two
56 of section twelve hundred thirteen of this article and may consider any
S. 4389--A 9
1 other evidence of an increased risk for violence, including, but not
2 limited to, evidence of the facts identified in subparagraph two of
3 paragraph (b) of subdivision two of section twelve hundred thirteen of
4 this article.
5 (d) At the hearing, the petitioner shall have the burden of proving,
6 by clear and convincing evidence, that the subject of the petition poses
7 a significant danger, in the near future, of personal injury to himself,
8 herself, or another by having in his or her custody or control, owning,
9 purchasing, possessing, or receiving a firearm as determined by consid-
10 ering the factors listed in subdivision two of this section; or that a
11 gun violence restraining order is necessary to prevent personal injury
12 to the subject of the petition or another because less restrictive
13 alternatives either have been tried and found to be ineffective, or are
14 inadequate or inappropriate for the circumstances of the subject of the
15 petition.
16 (e) If the renewal petition is supported by clear and convincing
17 evidence, the court shall renew the gun violence restraining order
18 issued under this section.
19 (f) The renewal of a gun violence restraining order issued pursuant to
20 this section shall have a duration of one year, subject to termination
21 by further order of the court at a hearing held pursuant to subdivision
22 five of this section and further renewal by further order of the court
23 pursuant to this subdivision.
24 (g) A gun violence restraining order renewed pursuant to this section
25 shall include the following information:
26 (1) A statement of the grounds supporting the issuance of the order.
27 (2) The date and time the order expires.
28 (3) The address of the superior court in which any responsive pleading
29 should be filed.
30 (4) The date and time of the scheduled hearing.
31 (5) The following statement: "To the restrained person: This order is
32 valid until the expiration date and time noted above. You are required
33 to surrender all firearms and ammunition that you own or possess in
34 accordance with Article 12 of the Family Court Act and you may not have
35 in your custody or control, own, purchase, possess, or receive, or
36 attempt to purchase or receive a firearm or ammunition, while this order
37 is in effect. A hearing will be held on the date and at the time noted
38 above to determine if a more permanent gun violence restraining order
39 should be issued. Failure to appear at that hearing may result in a
40 court making an order against you that is valid for a year. You may seek
41 the advice of an attorney as to any matter connected with the order. The
42 attorney should be consulted promptly so that the attorney may assist
43 you in any matter connected with the order."
44 7. Any hearing held pursuant to this section may be continued upon a
45 showing of good cause. Any existing order issued pursuant to this
46 subdivision shall remain in full force and effect during the period of
47 continuance.
48 8. If a person subject to a gun violence restraining order issued or
49 renewed pursuant to this section was not present in court at the time
50 the order was issued or renewed, the gun violence restraining order
51 shall be personally served on the restrained person by a law enforcement
52 officer or any person who is at least eighteen years of age and not a
53 party to the action, if the restrained person can reasonably be located.
54 § 1215. Offenses. 1. Every person who files a petition for an ex parte
55 gun violence restraining order pursuant to section twelve hundred thir-
56 teen of this article, or a gun violence restraining order issued after
S. 4389--A 10
1 notice and a hearing pursuant to section twelve hundred fourteen of this
2 article, knowing the information in the petition to be false or with the
3 intent to harass, is guilty of a misdemeanor.
4 2. Every person who owns or possesses a firearm or ammunition with
5 knowledge that he or she is prohibited from doing so by a temporary
6 emergency gun violence restraining order issued pursuant to section
7 twelve hundred twelve of this article, an ex parte gun violence
8 restraining order issued pursuant to section twelve hundred thirteen of
9 this article, or a gun violence restraining order issued after notice
10 and a hearing issued pursuant to section twelve hundred fourteen of this
11 article, is guilty of a misdemeanor and shall be prohibited from having
12 in his or her custody or control, owning, purchasing, possessing, or
13 receiving, or attempting to purchase or receive, a firearm or ammunition
14 for a five-year period, to commence upon the expiration of the existing
15 gun violence restraining order.
16 § 2. This act shall take effect on the one hundred twentieth day after
17 it shall have become a law.
