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A11148 Summary:

BILL NOA11148
 
SAME ASNo Same As
 
SPONSORSimon
 
COSPNSRBuchwald, Stern, Espinal, Epstein, Galef, Colton, Fahy, Seawright, Pellegrino, Arroyo
 
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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A11148 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11148
 
                   IN ASSEMBLY
 
                                      June 9, 2018
                                       ___________
 
        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Simon) --
          (at request of the Governor) -- read once and referred to the  Commit-
          tee 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.
     7          6342. Issuance of a temporary extreme risk protection order.
     8          6343. Issuance of a final extreme risk protection order.
     9          6344. Surrender and removal of  firearms,  rifles  and  shotguns
    10                 pursuant to an extreme risk protection order.
    11          6345. Request for renewal of an extreme risk protection order.
    12          6346. Expiration of an extreme risk protection order.
    13          6347. Effect   of  findings  and  determinations  in  subsequent
    14                 proceedings.
    15    § 6340. Definitions. For the purposes of this article:
    16    1. "Extreme risk protection  order"  means  a  court-issued  order  of
    17  protection  prohibiting a person from purchasing, possessing or attempt-
    18  ing to purchase or possess a firearm, rifle or shotgun.
    19    2. "Petitioner" means: (a) a police officer,  as  defined  in  section
    20  1.20  of the criminal procedure law, or district attorney with jurisdic-
    21  tion in the county or city where the person against whom  the  order  is
    22  sought resides; (b) a family or household member, as defined in subdivi-
    23  sion  two  of  section  four hundred fifty-nine-a of the social services
    24  law, of the person against whom the order is sought;  or  (c)  a  school
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12062-04-8

        A. 11148                            2
 
     1  official,  which  includes  but is not limited to school teacher, school
     2  guidance counselor, school psychologist, school  social  worker,  school
     3  nurse, school administrator or other school personnel required to hold a
     4  teaching or administrative license or certificate, and full or part-time
     5  compensated  school  employee  required  to  hold  a  temporary coaching
     6  license or professional coaching certificate.
     7    3.  "Respondent"  means  the  person  against  whom  an  extreme  risk
     8  protection order is or may be sought under this article.
     9    4.  "Possess"  shall  have  the same meaning as defined in subdivision
    10  eight of section 10.00 of the penal law.
    11    § 6341. Application for an extreme risk protection order.  In  accord-
    12  ance  with  this article, a petitioner may file a sworn application, and
    13  accompanying supporting  documentation,  setting  forth  the  facts  and
    14  circumstances  justifying  the  issuance  of  an extreme risk protection
    15  order. Such application and supporting documentation shall be  filed  in
    16  the  supreme  court  in  the county in which the respondent resides. The
    17  chief administrator of the courts shall adopt forms that may be used for
    18  purposes of such applications and  the  court's  consideration  of  such
    19  applications.  Such application form shall include inquiry as to whether
    20  the petitioner knows, or has reason  to  believe,  that  the  respondent
    21  owns,  possesses or has access to a firearm, rifle or shotgun and if so,
    22  a request that the petitioner list or describe such firearms, rifles and
    23  shotguns, and the respective locations thereof, with as much specificity
    24  as possible.
    25    § 6342. Issuance of a temporary  extreme  risk  protection  order.  1.
    26  Upon application of a petitioner pursuant to this article, the court may
    27  issue  a temporary extreme risk protection order, ex parte or otherwise,
    28  to prohibit the respondent from purchasing, possessing or attempting  to
    29  purchase  or  possess  a  firearm, rifle or shotgun, upon a finding that
    30  there is probable cause to believe the respondent is likely to engage in
    31  conduct that would result in serious harm to himself, herself or others,
    32  as defined in paragraph one or two of subdivision (a) of section 9.39 of
    33  the mental hygiene law. Such application for a temporary order shall  be
    34  determined in writing on the same day the application is filed.
    35    2.  In  determining  whether  grounds  for  a  temporary  extreme risk
    36  protection order exist, the court shall consider  any  relevant  factors
    37  including, but not limited to, the following acts of the respondent:
    38    (a)  a  threat  or  act  of violence or use of physical force directed
    39  toward self, the petitioner, or another person;
    40    (b) a violation or alleged violation of an order of protection;
    41    (c) any pending charge or conviction for an offense involving the  use
    42  of a weapon;
    43    (d)  the  reckless  use, display or brandishing of a firearm, rifle or
    44  shotgun;
    45    (e) any history of a violation of an extreme risk protection order;
    46    (f) evidence of recent or ongoing abuse of  controlled  substances  or
    47  alcohol; or
    48    (g)  evidence  of  recent  acquisition of a firearm, rifle, shotgun or
    49  other deadly weapon or dangerous instrument, or any ammunition therefor.
    50    In considering the factors under this  subdivision,  the  court  shall
    51  consider  the  time that has elapsed since the occurrence of such act or
    52  acts and the age of the person at the time of the occurrence of such act
    53  or acts.
    54    For the purposes of this subdivision, "recent" means  within  the  six
    55  months prior to the date the petition was filed.

        A. 11148                            3
 
     1    3.  The application of the petitioner and supporting documentation, if
     2  any, shall set forth the factual basis  for  the  request  and  probable
     3  cause  for issuance of a temporary order. The court may conduct an exam-
     4  ination under oath of the petitioner and any witness the petitioner  may
     5  produce.
     6    4.  A  temporary  extreme  risk  protection order, if warranted, shall
     7  issue in writing, and shall include:
     8    (a) a statement of the grounds found for the issuance of the order;
     9    (b) the date and time the order expires;
    10    (c) the address of the court that issued the order;
    11    (d) a statement to the respondent: (i) directing that  the  respondent
    12  may  not  purchase, possess or attempt to purchase or possess a firearm,
    13  rifle or shotgun while the order is in  effect  and  that  any  firearm,
    14  rifle  or shotgun possessed by such respondent shall be promptly surren-
    15  dered to any authorized law enforcement official in the same  manner  as
    16  set  forth  in subdivision five of section 530.14 of the criminal proce-
    17  dure law;
    18    (ii) informing the respondent that the court will hold  a  hearing  no
    19  sooner  than  three nor more than six business days after service of the
    20  temporary order, to determine whether a final  extreme  risk  protection
    21  order  will  be  issued and the date, time and location of such hearing,
    22  provided that the respondent shall be entitled to  more  than  six  days
    23  upon  request  in  order to prepare for the hearing; and (iii) informing
    24  the respondent the he or she may seek the advice of an attorney and that
    25  an attorney should be consulted promptly; and
    26    (e) a form to be completed and executed by the respondent at the  time
    27  of  service of the temporary extreme risk protection order which elicits
    28  a list of all firearms, rifles and shotguns possessed by the  respondent
    29  and the particular location of each firearm, rifle or shotgun listed.
    30    5. If the application for a temporary extreme risk protection order is
    31  not  granted,  the  court  shall  notify  the petitioner and, unless the
    32  application is voluntarily  withdrawn  by  the  petitioner,  nonetheless
    33  schedule  a  hearing  on  the  application  for  a  final  extreme  risk
    34  protection order. Such hearing shall be scheduled to be  held  promptly,
    35  but in any event no later than ten business days after the date on which
    36  such  application  is  served on the respondent, provided, however, that
    37  the respondent may request, and the court may grant, additional time  to
    38  allow  the respondent to prepare for the hearing. A notice of such hear-
    39  ing shall be prepared by the court and shall include the date  and  time
    40  of  the  hearing, the address of the court, and the subject of the hear-
    41  ing.
    42    6. (a) The court shall, in the manner specified in  paragraph  (b)  of
    43  this  subdivision, arrange for prompt service of a copy of the temporary
    44  extreme risk protection order, if any, the application therefor and,  if
    45  separately  applied  for or if a temporary extreme risk protection order
    46  was not granted, the application for an extreme risk  protection  order,
    47  any  notice  of hearing prepared by the court, along with any associated
    48  papers  including  the  petition  and  any   supporting   documentation,
    49  provided,  that the court may redact the address and contact information
    50  of the petitioner from such application and papers where the court finds
    51  that disclosure of such address or other contact information would  pose
    52  an unreasonable risk to the health or safety of the petitioner.
    53    (b)  The court shall provide copies of such documents to the appropri-
    54  ate law enforcement agency serving the jurisdiction of the  respondent's
    55  residence with a direction that such documents be promptly served, at no
    56  cost  to  the petitioner, on the respondent; provided, however, that the

        A. 11148                            4
 
     1  petitioner may voluntarily arrange for service of copies of  such  order
     2  and  associated papers through a third party, such as a licensed process
     3  server.
     4    7.  (a) The court shall notify the division of state police, any other
     5  law enforcement agency with jurisdiction, all applicable licensing offi-
     6  cers, and the division of criminal justice services of the issuance of a
     7  temporary extreme risk protection order and provide a copy of such order
     8  no later than the next business day after  issuing  the  order  to  such
     9  persons  or  agencies. The court also shall promptly notify such persons
    10  and agencies and provide a copy of any order amending or  revoking  such
    11  protection order or restoring the respondent's ability to own or possess
    12  firearms,  rifles  or shotguns no later than the next business day after
    13  issuing the order to restore such right to  the  respondent.  The  court
    14  also  shall  report such demographic data as required by the state divi-
    15  sion of criminal justice services at the time such order is  transmitted
    16  thereto.  Any  notice  or  report submitted pursuant to this subdivision
    17  shall be in an electronic format, in a manner prescribed by the division
    18  of criminal justice services.
    19    (b) Upon receiving notice of the issuance of a temporary extreme  risk
    20  protection  order, the division of criminal justice services shall imme-
    21  diately report the existence of such order  to  the  federal  bureau  of
    22  investigation  to  allow  the bureau to identify persons prohibited from
    23  purchasing firearms, rifles or shotguns. The division shall  also  imme-
    24  diately  report  to  the  bureau  the  expiration of any such protection
    25  order, any court order amending or revoking  such  protection  order  or
    26  restoring the respondent's ability to purchase a firearm, rifle or shot-
    27  gun.
    28    8.  A  law  enforcement  officer  serving  a  temporary  extreme  risk
    29  protection order shall request that the respondent immediately surrender
    30  to the officer all firearms, rifles and  shotguns  in  the  respondent's
    31  possession and the officer shall conduct any search permitted by law for
    32  such  firearms. The law enforcement officer shall take possession of all
    33  firearms, rifles and shotguns that are surrendered, that  are  in  plain
    34  sight,  or  that are discovered pursuant to a lawful search.  As part of
    35  the order, the court may also direct a  police  officer  to  search  for
    36  firearms, rifles and shotguns in the respondent's possession in a manner
    37  consistent  with  the  procedures  of  article six hundred ninety of the
    38  criminal procedure law.
    39    9. Upon issuance of a temporary extreme risk protection order, or upon
    40  setting a hearing for a final extreme  risk  protection  order  where  a
    41  temporary  order  is denied or not requested, the court shall direct the
    42  law enforcement agency  having  jurisdiction  to  conduct  a  background
    43  investigation  and  report  to the court and, subject to any appropriate
    44  redactions to protect any  person,  each  party  regarding  whether  the
    45  respondent:
    46    (a)  has any prior criminal conviction for an offense involving domes-
    47  tic violence, use of a weapon, or other violence;
    48    (b) has any criminal charge or violation currently pending against him
    49  or her;
    50    (c) is currently on parole or probation;
    51    (d) possesses any registered firearms, rifles or shotguns; and
    52    (e) has been, or is,  subject  to  any  order  of  protection  or  has
    53  violated or allegedly violated any order of protection.
    54    §  6343.  Issuance  of  a  final  extreme risk protection order. 1. In
    55  accordance with this article, no sooner than  three  business  days  nor
    56  later  than  six business days after service of a temporary extreme risk

        A. 11148                            5
 
     1  protection order and, alternatively, no later  than  ten  business  days
     2  after  service  of  an application under this article where no temporary
     3  extreme risk protection order has been issued, the supreme  court  shall
     4  hold  a  hearing  to  determine  whether  to  issue a final extreme risk
     5  protection order and, when applicable, whether a firearm, rifle or shot-
     6  gun surrendered by, or removed from, the respondent should  be  returned
     7  to  the  respondent.  The  respondent shall be entitled to more than six
     8  business days if a temporary extreme  risk  protection  order  has  been
     9  issued  and  the  respondent  requests a reasonable period of additional
    10  time to prepare for the hearing.  Where  no  temporary  order  has  been
    11  issued,  the respondent may request, and the court may grant, additional
    12  time beyond the ten days to allow the  respondent  to  prepare  for  the
    13  hearing.
    14    2.  At  the  hearing  pursuant to subdivision one of this section, the
    15  petitioner shall have the burden of proving,  by  clear  and  convincing
    16  evidence,  that the respondent is likely to engage in conduct that would
    17  result in serious harm to himself, herself  or  others,  as  defined  in
    18  paragraph  one  or  two of subdivision (a) of section 9.39 of the mental
    19  hygiene law. The court  may  consider  the  petition  and  any  evidence
    20  submitted  by  the petitioner, any evidence submitted by the respondent,
    21  any testimony presented, and the report of the relevant law  enforcement
    22  agency  submitted  pursuant  to  subdivision nine of section sixty-three
    23  hundred forty-two of this article. The court  shall  also  consider  the
    24  factors  set  forth  in  subdivision  two of section sixty-three hundred
    25  forty-two of this article.
    26    3. (a) After the hearing pursuant to subdivision one of this  section,
    27  the  court  shall  issue a written order granting or denying the extreme
    28  risk protection order and setting forth the reasons  for  such  determi-
    29  nation. If the extreme risk protection order is granted, the court shall
    30  direct  service  of  such order in the manner and in accordance with the
    31  protections for the petitioner set forth in subdivision six  of  section
    32  sixty-three hundred forty-two of this article.
    33    (b)  Upon  issuance  of  an  extreme  risk  protection  order: (i) any
    34  firearm, rifle or shotgun removed pursuant to a temporary  extreme  risk
    35  protection order or such extreme risk protection order shall be retained
    36  by  the  law  enforcement agency having jurisdiction for the duration of
    37  the order, unless ownership of the firearm, rifle or shotgun is  legally
    38  transferred  by the respondent to another individual permitted by law to
    39  own and possess such firearm, rifle or shotgun; (ii) the  supreme  court
    40  shall  temporarily suspend any existing firearm license possessed by the
    41  respondent and order the respondent temporarily ineligible  for  such  a
    42  license;  (iii)  the  respondent  shall be prohibited from purchasing or
    43  possessing, or attempting to purchase or possess, a  firearm,  rifle  or
    44  shotgun; and (iv) the court shall direct the respondent to surrender any
    45  firearm, rifle or shotgun in his or her possession in the same manner as
    46  set  forth  in subdivision five of section 530.14 of the criminal proce-
    47  dure law.
    48    (c) An extreme risk protection order issued in  accordance  with  this
    49  section  shall  extend, as specified by the court, for a period of up to
    50  one year from the date of the issuance of such order; provided, however,
    51  that if such order was immediately preceded by the issuance of a  tempo-
    52  rary  extreme  risk  protection  order, then the duration of the extreme
    53  risk protection order shall be measured from the  date  of  issuance  of
    54  such temporary extreme risk protection order.
    55    (d)  A law enforcement officer serving a final extreme risk protection
    56  order shall request that the respondent  immediately  surrender  to  the

        A. 11148                            6
 
     1  officer all firearms, rifles and shotguns in the respondent's possession
     2  and  the  officer  shall  conduct  any  search permitted by law for such
     3  firearms. The law enforcement  officer  shall  take  possession  of  all
     4  firearms,  rifles  and  shotguns that are surrendered, that are in plain
     5  sight, or that are discovered pursuant to a lawful search.   As part  of
     6  the  order,  the  court  may  also direct a police officer to search for
     7  firearms, rifles and shotguns in a  respondent's  possession  consistent
     8  with the procedures of article six hundred ninety of the criminal proce-
     9  dure law.
    10    4.  (a) The court shall notify the division of state police, any other
    11  law enforcement agency with jurisdiction, all applicable licensing offi-
    12  cers, and the division of criminal justice services of the issuance of a
    13  final extreme risk protection order and provide a copy of such order  to
    14  such  persons  and  agencies  no  later than the next business day after
    15  issuing the order. The court also shall promptly notify such persons and
    16  agencies and provide a copy of  any  order  amending  or  revoking  such
    17  protection order or restoring the respondent's ability to own or possess
    18  firearms,  rifles  or shotguns no later than the next business day after
    19  issuing the order to restore such right to the respondent. Any notice or
    20  report submitted pursuant to this subdivision shall be in an  electronic
    21  format,  in  a  manner  prescribed  by  the division of criminal justice
    22  services.
    23    (b) Upon receiving notice of the issuance  of  a  final  extreme  risk
    24  protection  order, the division of criminal justice services shall imme-
    25  diately report the existence of such order  to  the  federal  bureau  of
    26  investigation  to  allow  the bureau to identify persons prohibited from
    27  purchasing firearms, rifles or shotguns. The division shall  also  imme-
    28  diately report to the bureau the expiration of such protection order and
    29  any  court order amending or revoking such protection order or restoring
    30  the respondent's ability to purchase a firearm, rifle or shotgun.
    31    5. (a) If, in accordance with  a  temporary  extreme  risk  protection
    32  order,  a  firearm,  rifle or shotgun has been surrendered by or removed
    33  from the respondent, and the supreme court subsequently finds  that  the
    34  petitioner has not met the required standard of proof, the court's find-
    35  ing shall include a written order, issued to all parties, directing that
    36  any  firearm,  rifle  or shotgun surrendered or removed pursuant to such
    37  temporary order shall be returned to  the  respondent,  upon  a  written
    38  finding that there is no legal impediment to the respondent's possession
    39  of such firearm, rifle or shotgun.
    40    (b)  If  any  other  person  demonstrates that he or she is the lawful
    41  owner of any firearm, rifle or shotgun surrendered or  removed  pursuant
    42  to  a  protection  order  issued  in  accordance  with this article, and
    43  provided that the court has made a written  finding  that  there  is  no
    44  legal  impediment to the person's possession of a surrendered or removed
    45  firearm, rifle or shotgun, the court shall  direct  that  such  firearm,
    46  rifle or shotgun be returned to such lawful owner and inform such person
    47  of  the  obligation  to  safely store such firearm, rifle, or shotgun in
    48  accordance with section 265.45 of the penal law.
    49    6. The respondent shall be notified on the record and  in  writing  by
    50  the  court  that  he  or she may submit one written request, at any time
    51  during the effective period of an extreme risk protection order,  for  a
    52  hearing  setting  aside  any portion of such order. The request shall be
    53  submitted in substantially the same form and manner as prescribed by the
    54  chief administrator of the courts. Upon such request,  the  court  shall
    55  promptly  hold a hearing, in accordance with this article, after provid-
    56  ing reasonable notice to the petitioner.  The respondent shall bear  the

        A. 11148                            7
 
     1  burden to prove, by clear and convincing evidence, any change of circum-
     2  stances that may justify a change to the order.
     3    §  6344. Surrender and removal of firearms, rifles and shotguns pursu-
     4  ant to an extreme risk protection order. 1. When a law enforcement offi-
     5  cer takes any firearm, rifle or shotgun pursuant to a temporary  extreme
     6  risk  protection  order  or  a  final extreme risk protection order, the
     7  officer shall give to the person from whom such firearm, rifle or  shot-
     8  gun is taken a receipt or voucher for the property taken, describing the
     9  property  in detail. In the absence of a person, the officer shall leave
    10  the receipt or voucher in the place where the property was found, mail a
    11  copy of the receipt or voucher, retaining proof of mailing, to the  last
    12  known  address  of  the  respondent  and, if different, the owner of the
    13  firearm, rifle or shotgun, and file a copy of such  receipt  or  voucher
    14  with the court. All firearms, rifles and shotguns in the possession of a
    15  law  enforcement  official  pursuant to this article shall be subject to
    16  the provisions of applicable law, including but not limited to  subdivi-
    17  sion six of section 400.05 of the penal law; provided, however, that any
    18  such  firearm, rifle or shotgun shall be retained and not disposed of by
    19  the law enforcement agency for at least two years unless legally  trans-
    20  ferred  by  the  respondent to an individual permitted by law to own and
    21  possess such firearm, rifle or shotgun.
    22    2. If the location to be searched during the execution of a  temporary
    23  extreme risk protection order or extreme risk protection order is joint-
    24  ly  occupied  by  two  or  more parties, and a firearm, rifle or shotgun
    25  located during the execution of such order is owned by  a  person  other
    26  than  the respondent, the court shall, upon a written finding that there
    27  is no legal  impediment  to  the  person  other  than  the  respondent's
    28  possession  of  such firearm, rifle or shotgun, order the return of such
    29  firearm, rifle or shotgun to such lawful owner and inform such person of
    30  their obligation to safely store their firearm,  rifle,  or  shotgun  in
    31  accordance with section 265.45 of the penal law.
    32    §  6345.  Request  for renewal of an extreme risk protection order. 1.
    33  If a petitioner believes a person subject to an extreme risk  protection
    34  order  continues  to be likely to engage in conduct that would result in
    35  serious harm to himself, herself, or others, as defined in paragraph one
    36  or two of subdivision (a) of section 9.39 of  the  mental  hygiene  law,
    37  such  petitioner may, at any time within sixty days prior to the expira-
    38  tion of such existing extreme risk protection order, initiate a  request
    39  for  a  renewal of such order, setting forth the facts and circumstances
    40  necessitating the request. The chief administrator of the  courts  shall
    41  adopt  forms  that may be used for purposes of such applications and the
    42  court's consideration of such applications. The court may issue a tempo-
    43  rary extreme risk protection order in  accordance  with  section  sixty-
    44  three  hundred  forty-two  of  this  article,  during  the period that a
    45  request for renewal of an extreme risk protection order is under consid-
    46  eration pursuant to this section.
    47    2. A hearing held pursuant to this section shall be conducted  in  the
    48  supreme  court,  in  accordance  with section sixty-three hundred forty-
    49  three of this article, to determine if a  request  for  renewal  of  the
    50  order  shall  be  granted.  The  respondent shall be served with written
    51  notice of an application for renewal a reasonable time before the  hear-
    52  ing,  and  shall  be afforded an opportunity to fully participate in the
    53  hearing. The court shall direct service  of  such  application  and  the
    54  accompanying papers in the manner and in accordance with the protections
    55  for  the  petitioner set forth in subdivision six of section sixty-three
    56  hundred forty-two of this article.

        A. 11148                            8
 
     1    §  6346.  Expiration  of  an  extreme  risk  protection  order.  1.  A
     2  protection order issued pursuant to this article, and all records of any
     3  proceedings  conducted  pursuant  to  this article, shall be sealed upon
     4  expiration of such order  and  the  clerk  of  the  court  wherein  such
     5  proceedings  were conducted shall immediately notify the commissioner of
     6  the division of criminal justice services, the heads of all  appropriate
     7  police  departments, applicable licensing officers, and all other appro-
     8  priate law enforcement agencies that the order has expired and that  the
     9  record  of  such protection order shall be sealed and not be made avail-
    10  able to any person or public or private entity, except that such records
    11  shall be made available to:
    12    (a) the respondent or the respondent's designated agent;
    13    (b) courts in the unified court system;
    14    (c) police forces and departments having responsibility  for  enforce-
    15  ment of the general criminal laws of the state;
    16    (d)  any  state or local officer or agency with responsibility for the
    17  issuance of licenses to possess a firearm, rifle or  shotgun,  when  the
    18  respondent has made application for such a license; and
    19    (e)  any  prospective employer of a police officer or peace officer as
    20  those terms are defined in subdivisions thirty-three and thirty-four  of
    21  section  1.20  of the criminal procedure law, in relation to an applica-
    22  tion for employment as a police  officer  or  peace  officer;  provided,
    23  however,  that  every  person  who  is  an applicant for the position of
    24  police officer or peace officer shall be furnished with a  copy  of  all
    25  records  obtained under this subparagraph and afforded an opportunity to
    26  make an explanation thereto.
    27    2. Upon expiration of a protection order issued pursuant to this arti-
    28  cle and upon written application of the respondent who is the subject of
    29  such order, with notice and opportunity to be heard  to  the  petitioner
    30  and  every  licensing  officer  responsible  for  issuance  of a firearm
    31  license to the subject of the order pursuant to article four hundred  of
    32  the  penal law, and upon a written finding that there is no legal imped-
    33  iment to the respondent's possession of a surrendered firearm, rifle  or
    34  shotgun, the court shall order the return of a firearm, rifle or shotgun
    35  not  otherwise disposed of in accordance with subdivision one of section
    36  sixty-three hundred forty-four of this article. When issuing such  order
    37  in  connection  with  any firearm subject to a license requirement under
    38  article four hundred of the penal law, if the licensing officer  informs
    39  the  court  that  he  or  she will seek to revoke the license, the order
    40  shall be stayed by the court until the conclusion of any license revoca-
    41  tion proceeding.
    42    §  6347.  Effect  of  findings  and   determinations   in   subsequent
    43  proceedings.   Notwithstanding any contrary claim based on common law or
    44  a provision of any other law, no finding or determination made  pursuant
    45  to  this  article  shall be interpreted as binding, or having collateral
    46  estoppel or similar effect, in any other action or proceeding,  or  with
    47  respect  to  any  other determination or finding, in any court, forum or
    48  administrative proceeding.
    49    § 2. Section 265.45 of the penal law, as amended by section 3 of  part
    50  FF of chapter 57 of the laws of 2013, is amended to read as follows:
    51  § 265.45 Safe storage of rifles, shotguns, and firearms.
    52    No  person who owns or is custodian of a rifle, shotgun or firearm who
    53  resides with an individual who such person knows or has reason  to  know
    54  is  prohibited  from possessing a firearm pursuant to 18 U.S.C. § 922(g)
    55  (1), (4), (8) or (9), or pursuant to a temporary or final  extreme  risk
    56  protection  order  issued under article sixty-three-A of the civil prac-

        A. 11148                            9

     1  tice law and rules, shall store or otherwise leave such  rifle,  shotgun
     2  or  firearm  out  of  his or her immediate possession or control without
     3  having first securely locked such rifle, shotgun or firearm in an appro-
     4  priate  safe  storage depository or rendered it incapable of being fired
     5  by use of a gun locking device appropriate to that weapon. For  purposes
     6  of  this  section  "safe  storage depository" shall mean a safe or other
     7  secure container which, when locked, is incapable of being opened  with-
     8  out  the key, combination or other unlocking mechanism and is capable of
     9  preventing  an  unauthorized  person  from  obtaining  access   to   and
    10  possession of the weapon contained therein. With respect to a person who
    11  is  prohibited from possessing a firearm pursuant to 18 USC § 922(g)(9),
    12  for purposes of this section, this section applies only if  such  person
    13  has  been  convicted  of  a crime included in subdivision one of section
    14  370.15 of the criminal procedure law and such gun  is  possessed  within
    15  five  years  from  the  later of the date of conviction or completion of
    16  sentence. Nothing in this section shall be deemed to affect,  impair  or
    17  supersede  any  special  or  local  act  relating to the safe storage of
    18  rifles, shotguns or firearms which impose additional requirements on the
    19  owner or custodian of such weapons.
    20    A violation of this section shall constitute a class A misdemeanor.
    21    § 3. This act shall take effect on the one hundred eightieth day after
    22  it shall have become a law.
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