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S07133 Summary:

BILL NOS07133A
 
SAME ASSAME AS A08976-B
 
SPONSORKAVANAGH
 
COSPNSRHOYLMAN, ADDABBO, ALCANTARA, AVELLA, BAILEY, BENJAMIN, BRESLIN, BROOKS, CARLUCCI, COMRIE, DILAN, GIANARIS, HAMILTON, KAMINSKY, KENNEDY, KLEIN, KRUEGER, MAYER, MONTGOMERY, PARKER, PERALTA, PERSAUD, RIVERA, SANDERS, SAVINO, SEPULVEDA, SERRANO, STAVISKY, STEWART-COUSINS, VALESKY
 
MLTSPNSR
 
Add Art 63-A 6340 - 6347, CPLR; amd 530.14, CP L; 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 and establishes procedures for the application, administration, and expiration or termination of such protection orders.
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S07133 Floor Votes:

There are no votes for this bill in this legislative session.
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S07133 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7133--A
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 3, 2018
                                       ___________
 
        Introduced  by  Sens.  KAVANAGH,  HOYLMAN,  ADDABBO,  ALCANTARA, AVELLA,
          BAILEY, BENJAMIN,  BRESLIN,  HAMILTON,  KRUEGER,  MONTGOMERY,  PARKER,
          PERALTA,  PERSAUD,  RIVERA, SANDERS, SAVINO, SERRANO, STAVISKY -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee  on Judiciary -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the civil practice law and rules, the criminal procedure
          law and the penal  law,  in  relation  to  establishing  extreme  risk
          protection  orders  as court-issued orders of protection prohibiting a
          person from  purchasing,  possessing  or  attempting  to  purchase  or
          possess a firearm, rifle or shotgun
 
          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-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13888-03-8

        S. 7133--A                          2
 
     1  tion in the county or city where the person against whom  the  order  is
     2  sought  resides;  or  (b)  a  family  or household member, as defined in
     3  subdivision two of section  four  hundred  fifty-nine-a  of  the  social
     4  services law, of the person against whom the order is sought.
     5    3.  "Respondent"  means  the  person  against  whom  an  extreme  risk
     6  protection order is or may be sought under this article.
     7    4. "Possess" shall have the same meaning  as  defined  in  subdivision
     8  eight of section 10.00 of the penal law.
     9    §  6341.  Application for an extreme risk protection order. In accord-
    10  ance with this article, a petitioner may file a sworn  application,  and
    11  accompanying  supporting  documentation,  setting  forth  the  facts and
    12  circumstances justifying the issuance  of  an  extreme  risk  protection
    13  order.  Such  application and supporting documentation shall be filed in
    14  the supreme court in the county in which  the  respondent  resides.  The
    15  chief administrator of the courts shall adopt forms that may be used for
    16  purposes  of  such  applications  and  the court's consideration of such
    17  applications. Such application form shall include inquiry as to  whether
    18  the  petitioner  knows,  or  has  reason to believe, that the respondent
    19  owns, possesses or has access to a firearm, rifle or shotgun and if  so,
    20  a request that the petitioner list or describe such firearms, rifles and
    21  shotguns, and the respective locations thereof, with as much specificity
    22  as possible.
    23    §  6342.  Issuance  of  a  temporary extreme risk protection order. 1.
    24  Upon application of a petitioner pursuant to this article, the court may
    25  issue a temporary extreme risk protection order, ex parte or  otherwise,
    26  to  prohibit the respondent from purchasing, possessing or attempting to
    27  purchase or possess a firearm, rifle or shotgun,  upon  a  finding  that
    28  there is probable cause to believe the respondent is likely to engage in
    29  conduct that would result in serious harm to himself, herself or others,
    30  as defined in paragraph one or two of subdivision (a) of section 9.39 of
    31  the  mental hygiene law. Such application for a temporary order shall be
    32  determined in writing on the same day the application is filed.
    33    2. In  determining  whether  grounds  for  a  temporary  extreme  risk
    34  protection  order  exist,  the court shall consider any relevant factors
    35  including, but not limited to, the following acts of the respondent:
    36    (a) a threat or act of violence or  use  of  physical  force  directed
    37  toward self, the petitioner, or another person;
    38    (b) a violation or alleged violation of an order of protection;
    39    (c)  any pending charge or conviction for an offense involving the use
    40  of a weapon;
    41    (d) the reckless use, display or brandishing of a  firearm,  rifle  or
    42  shotgun;
    43    (e) any history of a violation of an extreme risk protection order;
    44    (f)  evidence  of  recent or ongoing abuse of controlled substances or
    45  alcohol; or
    46    (g) evidence of recent acquisition of a  firearm,  rifle,  shotgun  or
    47  other deadly weapon or dangerous instrument, or any ammunition therefor.
    48    In  considering  the  factors  under this subdivision, the court shall
    49  consider the time that has elapsed since the occurrence of such  act  or
    50  acts and the age of the person at the time of the occurrence of such act
    51  or acts.
    52    For  the  purposes  of this subdivision, "recent" means within the six
    53  months prior to the date the petition was filed.
    54    3. The application of the petitioner and supporting documentation,  if
    55  any,  shall  set  forth  the  factual basis for the request and probable
    56  cause for issuance of a temporary order. The court may conduct an  exam-

        S. 7133--A                          3
 
     1  ination  under oath of the petitioner and any witness the petitioner may
     2  produce.
     3    4.  A  temporary  extreme  risk  protection order, if warranted, shall
     4  issue in writing, and shall include:
     5    (a) a statement of the grounds found for the issuance of the order;
     6    (b) the date and time the order expires;
     7    (c) the address of the court that issued the order;
     8    (d) a statement to the respondent: (i) directing that  the  respondent
     9  may  not  purchase, possess or attempt to purchase or possess a firearm,
    10  rifle or shotgun while the order is in  effect  and  that  any  firearm,
    11  rifle  or shotgun possessed by such respondent shall be promptly surren-
    12  dered to any authorized law enforcement official in the same  manner  as
    13  set  forth  in subdivision five of section 530.14 of the criminal proce-
    14  dure law;
    15    (ii) informing the respondent that the court will hold  a  hearing  no
    16  sooner  than  three nor more than six business days after service of the
    17  temporary order, to determine whether a final  extreme  risk  protection
    18  order  will  be  issued and the date, time and location of such hearing,
    19  provided that the respondent shall be entitled to  more  than  six  days
    20  upon  request  in  order to prepare for the hearing; and (iii) informing
    21  the respondent the he or she may seek the advice of an attorney and that
    22  an attorney should be consulted promptly; and
    23    (e) a form to be completed and executed by the respondent at the  time
    24  of  service of the temporary extreme risk protection order which elicits
    25  a list of all firearms, rifles and shotguns possessed by the  respondent
    26  and the particular location of each firearm, rifle or shotgun listed.
    27    5. If the application for a temporary extreme risk protection order is
    28  not  granted,  the  court  shall  notify  the petitioner and, unless the
    29  application is voluntarily  withdrawn  by  the  petitioner,  nonetheless
    30  schedule  a  hearing  on  the  application  for  a  final  extreme  risk
    31  protection order. Such hearing shall be scheduled to be  held  promptly,
    32  but in any event no later than ten business days after the date on which
    33  such  application  is  served on the respondent, provided, however, that
    34  the respondent may request, and the court may grant, additional time  to
    35  allow  the respondent to prepare for the hearing. A notice of such hear-
    36  ing shall be prepared by the court and shall include the date  and  time
    37  of  the  hearing, the address of the court, and the subject of the hear-
    38  ing.
    39    6. (a) The court shall, in the manner specified in  paragraph  (b)  of
    40  this  subdivision, arrange for prompt service of a copy of the temporary
    41  extreme risk protection order, if any, the application therefor and,  if
    42  separately  applied  for or if a temporary extreme risk protection order
    43  was not granted, the application for an extreme risk  protection  order,
    44  any  notice  of hearing prepared by the court, along with any associated
    45  papers  including  the  petition  and  any   supporting   documentation,
    46  provided,  that the court may redact the address and contact information
    47  of the petitioner from such application and papers where the court finds
    48  that disclosure of such address or other contact information would  pose
    49  an unreasonable risk to the health or safety of the petitioner.
    50    (b)  The court shall provide copies of such documents to the appropri-
    51  ate law enforcement agency serving the jurisdiction of the  respondent's
    52  residence with a direction that such documents be promptly served, at no
    53  cost  to  the petitioner, on the respondent; provided, however, that the
    54  petitioner may voluntarily arrange for service of copies of  such  order
    55  and  associated papers through a third party, such as a licensed process
    56  server.

        S. 7133--A                          4
 
     1    7. (a) The court shall notify the division of state police, any  other
     2  law enforcement agency with jurisdiction, all applicable licensing offi-
     3  cers, and the division of criminal justice services of the issuance of a
     4  temporary extreme risk protection order and provide a copy of such order
     5  no  later  than  the  next  business day after issuing the order to such
     6  persons or agencies. The court also shall promptly notify  such  persons
     7  and  agencies  and provide a copy of any order amending or revoking such
     8  protection order or restoring the respondent's ability to own or possess
     9  firearms, rifles or shotguns no later than the next business  day  after
    10  issuing the order to restore such right to the respondent. Any notice or
    11  report  submitted pursuant to this subdivision shall be in an electronic
    12  format, in a manner prescribed  by  the  division  of  criminal  justice
    13  services.
    14    (b)  Upon receiving notice of the issuance of a temporary extreme risk
    15  protection order, the division of criminal justice services shall  imme-
    16  diately  report  the  existence  of  such order to the federal bureau of
    17  investigation to allow the bureau to identify  persons  prohibited  from
    18  purchasing  firearms,  rifles or shotguns. The division shall also imme-
    19  diately report to the bureau  the  expiration  of  any  such  protection
    20  order,  any  court  order  amending or revoking such protection order or
    21  restoring the respondent's ability to purchase a firearm, rifle or shot-
    22  gun.
    23    8.  A  law  enforcement  officer  serving  a  temporary  extreme  risk
    24  protection order shall request that the respondent immediately surrender
    25  to  the  officer  all  firearms, rifles and shotguns in the respondent's
    26  possession and the officer shall conduct any search permitted by law for
    27  such 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 the respondent's possession in a manner
    32  consistent with the procedures of article  six  hundred  ninety  of  the
    33  criminal procedure law.
    34    9. Upon issuance of a temporary extreme risk protection order, or upon
    35  setting  a  hearing  for  a  final extreme risk protection order where a
    36  temporary order is denied or not requested, the court shall  direct  the
    37  law  enforcement  agency  having  jurisdiction  to  conduct a background
    38  investigation and report to the court and, subject  to  any  appropriate
    39  redactions  to  protect  any  person,  each  party regarding whether the
    40  respondent:
    41    (a) has any prior criminal conviction for an offense involving  domes-
    42  tic violence, use of a weapon, or other violence;
    43    (b) has any criminal charge or violation currently pending against him
    44  or her;
    45    (c) is currently on parole or probation;
    46    (d) possesses any registered firearms, rifles or shotguns; and
    47    (e)  has  been,  or  is,  subject  to  any  order of protection or has
    48  violated or allegedly violated any order of protection.
    49    § 6343. Issuance of a final  extreme  risk  protection  order.  1.  In
    50  accordance  with  this  article,  no sooner than three business days nor
    51  later than six business days after service of a temporary  extreme  risk
    52  protection  order  and,  alternatively,  no later than ten business days
    53  after service of an application under this article  where  no  temporary
    54  extreme  risk  protection order has been issued, the supreme court shall
    55  hold a hearing to determine  whether  to  issue  a  final  extreme  risk
    56  protection order and, when applicable, whether a firearm, rifle or shot-

        S. 7133--A                          5
 
     1  gun  surrendered  by, or removed from, the respondent should be returned
     2  to the respondent. The respondent shall be entitled  to  more  than  six
     3  business  days  if  a  temporary  extreme risk protection order has been
     4  issued  and  the  respondent  requests a reasonable period of additional
     5  time to prepare for the hearing.  Where  no  temporary  order  has  been
     6  issued,  the respondent may request, and the court may grant, additional
     7  time beyond the ten days to allow the  respondent  to  prepare  for  the
     8  hearing.
     9    2.  At  the  hearing  pursuant to subdivision one of this section, the
    10  petitioner shall have the burden of proving,  by  clear  and  convincing
    11  evidence,  that the respondent is likely to engage in conduct that would
    12  result in serious harm to himself, herself  or  others,  as  defined  in
    13  paragraph  one  or  two of subdivision (a) of section 9.39 of the mental
    14  hygiene law. The court  may  consider  the  petition  and  any  evidence
    15  submitted  by  the petitioner, any evidence submitted by the respondent,
    16  any testimony presented, and the report of the relevant law  enforcement
    17  agency  submitted  pursuant  to  subdivision nine of section sixty-three
    18  hundred forty-two of this article. The court  shall  also  consider  the
    19  factors  set  forth  in  subdivision  two of section sixty-three hundred
    20  forty-two of this article.
    21    3. (a) After the hearing pursuant to subdivision one of this  section,
    22  the  court  shall  issue a written order granting or denying the extreme
    23  risk protection order and setting forth the reasons  for  such  determi-
    24  nation. If the extreme risk protection order is granted, the court shall
    25  direct  service  of  such order in the manner and in accordance with the
    26  protections for the petitioner set forth in subdivision six  of  section
    27  sixty-three hundred forty-two of this article.
    28    (b)  Upon  issuance  of  an  extreme  risk  protection  order: (i) any
    29  firearm, rifle or shotgun removed pursuant to a temporary  extreme  risk
    30  protection order or such extreme risk protection order shall be retained
    31  by  the  law  enforcement agency having jurisdiction for the duration of
    32  the order, unless ownership of the firearm, rifle or shotgun is  legally
    33  transferred  by the respondent to another individual permitted by law to
    34  own and possess such firearm, rifle or shotgun; (ii) the  supreme  court
    35  shall  temporarily suspend any existing firearm license possessed by the
    36  respondent and order the respondent temporarily ineligible  for  such  a
    37  license;  (iii)  the  respondent  shall be prohibited from purchasing or
    38  possessing, or attempting to purchase or possess, a  firearm,  rifle  or
    39  shotgun; and (iv) the court shall direct the respondent to surrender any
    40  firearm, rifle or shotgun in his or her possession in the same manner as
    41  set  forth  in subdivision five of section 530.14 of the criminal proce-
    42  dure law.
    43    (c) An extreme risk protection order issued in  accordance  with  this
    44  section  shall  extend, as specified by the court, for a period of up to
    45  one year from the date of the issuance of such order; provided, however,
    46  that if such order was immediately preceded by the issuance of a  tempo-
    47  rary  extreme  risk  protection  order, then the duration of the extreme
    48  risk protection order shall be measured from the  date  of  issuance  of
    49  such temporary extreme risk protection order.
    50    (d)  A law enforcement officer serving a final extreme risk protection
    51  order shall request that the respondent  immediately  surrender  to  the
    52  officer all firearms, rifles and shotguns in the respondent's possession
    53  and  the  officer  shall  conduct  any  search permitted by law for such
    54  firearms. The law enforcement  officer  shall  take  possession  of  all
    55  firearms,  rifles  and  shotguns that are surrendered, that are in plain
    56  sight, or that are discovered pursuant to a lawful search.   As part  of

        S. 7133--A                          6
 
     1  the  order,  the  court  may  also direct a police officer to search for
     2  firearms, rifles and shotguns in a  respondent's  possession  consistent
     3  with the procedures of article six hundred ninety of the criminal proce-
     4  dure law.
     5    4.  (a) The court shall notify the division of state police, any other
     6  law enforcement agency with jurisdiction, all applicable licensing offi-
     7  cers, and the division of criminal justice services of the issuance of a
     8  final extreme risk protection order and provide a copy of such order  to
     9  such  persons  and  agencies  no  later than the next business day after
    10  issuing the order. The court also shall promptly notify such persons and
    11  agencies and provide a copy of  any  order  amending  or  revoking  such
    12  protection order or restoring the respondent's ability to own or possess
    13  firearms,  rifles  or shotguns no later than the next business day after
    14  issuing the order to restore such right to the respondent. Any notice or
    15  report submitted pursuant to this subdivision shall be in an  electronic
    16  format,  in  a  manner  prescribed  by  the division of criminal justice
    17  services.
    18    (b) Upon receiving notice of the issuance  of  a  final  extreme  risk
    19  protection  order, the division of criminal justice services shall imme-
    20  diately report the existence of such order  to  the  federal  bureau  of
    21  investigation  to  allow  the bureau to identify persons prohibited from
    22  purchasing firearms, rifles or shotguns. The division shall  also  imme-
    23  diately report to the bureau the expiration of such protection order and
    24  any  court order amending or revoking such protection order or restoring
    25  the respondent's ability to purchase a firearm, rifle or shotgun.
    26    5. (a) If, in accordance with  a  temporary  extreme  risk  protection
    27  order,  a  firearm,  rifle or shotgun has been surrendered by or removed
    28  from the respondent, and the supreme court subsequently finds  that  the
    29  petitioner has not met the required standard of proof, the court's find-
    30  ing shall include a written order, issued to all parties, directing that
    31  any  firearm,  rifle  or shotgun surrendered or removed pursuant to such
    32  temporary order shall be returned to  the  respondent,  upon  a  written
    33  finding that there is no legal impediment to the respondent's possession
    34  of such firearm, rifle or shotgun.
    35    (b)  If  any  other  person  demonstrates that he or she is the lawful
    36  owner of any firearm, rifle or shotgun surrendered or  removed  pursuant
    37  to  a  protection  order  issued  in  accordance  with this article, and
    38  provided that the court has made a written  finding  that  there  is  no
    39  legal  impediment to the person's possession of a surrendered or removed
    40  firearm, rifle or shotgun, the court shall  direct  that  such  firearm,
    41  rifle or shotgun be returned to such lawful owner and inform such person
    42  of  the  obligation  to  safely store such firearm, rifle, or shotgun in
    43  accordance with section 265.45 of the penal law.
    44    6. The respondent shall be notified on the record and  in  writing  by
    45  the  court  that  he  or she may submit one written request, at any time
    46  during the effective period of an extreme risk protection order,  for  a
    47  hearing  setting  aside  any portion of such order. The request shall be
    48  submitted in substantially the same form and manner as prescribed by the
    49  chief administrator of the courts. Upon such request,  the  court  shall
    50  promptly  hold a hearing, in accordance with this article, after provid-
    51  ing reasonable notice to the petitioner.  The respondent shall bear  the
    52  burden to prove, by clear and convincing evidence, any change of circum-
    53  stances that may justify a change to the order.
    54    §  6344. Surrender and removal of firearms, rifles and shotguns pursu-
    55  ant to an extreme risk protection order. 1. When a law enforcement offi-
    56  cer takes any firearm, rifle or shotgun pursuant to a temporary  extreme

        S. 7133--A                          7
 
     1  risk  protection  order  or  a  final extreme risk protection order, the
     2  officer shall give to the person from whom such firearm, rifle or  shot-
     3  gun is taken a receipt or voucher for the property taken, describing the
     4  property  in detail. In the absence of a person, the officer shall leave
     5  the receipt or voucher in the place where the property was found, mail a
     6  copy of the receipt or voucher, retaining proof of mailing, to the  last
     7  known  address  of  the  respondent  and, if different, the owner of the
     8  firearm, rifle or shotgun, and file a copy of such  receipt  or  voucher
     9  with the court. All firearms, rifles and shotguns in the possession of a
    10  law  enforcement  official  pursuant to this article shall be subject to
    11  the provisions of applicable law, including but not limited to  subdivi-
    12  sion six of section 400.05 of the penal law; provided, however, that any
    13  such  firearm, rifle or shotgun shall be retained and not disposed of by
    14  the law enforcement agency for at least two years unless legally  trans-
    15  ferred  by  the  respondent to an individual permitted by law to own and
    16  possess such firearm, rifle or shotgun.
    17    2. If the location to be searched during the execution of a  temporary
    18  extreme risk protection order or extreme risk protection order is joint-
    19  ly  occupied  by  two  or  more parties, and a firearm, rifle or shotgun
    20  located during the execution of such order is owned by  a  person  other
    21  than  the respondent, the court shall, upon a written finding that there
    22  is no legal impediment to the respondent's possession of  such  firearm,
    23  rifle  or shotgun, order the return of such firearm, rifle or shotgun to
    24  such lawful owner and inform such person of their obligation  to  safely
    25  store their firearm, rifle, or shotgun in accordance with section 265.45
    26  of the penal law.
    27    §  6345.  Request  for renewal of an extreme risk protection order. 1.
    28  If a petitioner believes a person subject to an extreme risk  protection
    29  order  continues  to be likely to engage in conduct that would result in
    30  serious harm to himself, herself, or others, as defined in paragraph one
    31  or two of subdivision (a) of section 9.39 of  the  mental  hygiene  law,
    32  such  petitioner may, at any time within sixty days prior to the expira-
    33  tion of such existing extreme risk protection order, initiate a  request
    34  for  a  renewal of such order, setting forth the facts and circumstances
    35  necessitating the request. The chief administrator of the  courts  shall
    36  adopt  forms  that may be used for purposes of such applications and the
    37  court's consideration of such applications. The court may issue a tempo-
    38  rary extreme risk protection order in  accordance  with  section  sixty-
    39  three  hundred  forty-two  of  this  article,  during  the period that a
    40  request for renewal of an extreme risk protection order is under consid-
    41  eration pursuant to this section.
    42    2. A hearing held pursuant to this section shall be conducted  in  the
    43  supreme  court,  in  accordance  with section sixty-three hundred forty-
    44  three of this article, to determine if a  request  for  renewal  of  the
    45  order  shall  be  granted.  The  respondent shall be served with written
    46  notice of an application for renewal a reasonable time before the  hear-
    47  ing,  and  shall  be afforded an opportunity to fully participate in the
    48  hearing. The court shall direct service  of  such  application  and  the
    49  accompanying papers in the manner and in accordance with the protections
    50  for  the  petitioner set forth in subdivision six of section sixty-three
    51  hundred forty-two of this article.
    52    §  6346.  Expiration  of  an  extreme  risk  protection  order.  1.  A
    53  protection order issued pursuant to this article, and all records of any
    54  proceedings  conducted  pursuant  to  this article, shall be sealed upon
    55  expiration of such order  and  the  clerk  of  the  court  wherein  such
    56  proceedings  were conducted shall immediately notify the commissioner of

        S. 7133--A                          8
 
     1  the division of criminal justice services, the heads of all  appropriate
     2  police  departments, applicable licensing officers, and all other appro-
     3  priate law enforcement agencies that the order has expired and that  the
     4  record  of  such protection order shall be sealed and not be made avail-
     5  able to any person or public or private entity, except that such records
     6  shall be made available to:
     7    (a) the respondent or the respondent's designated agent;
     8    (b) courts in the unified court system;
     9    (c) police forces and departments having responsibility  for  enforce-
    10  ment of the general criminal laws of the state;
    11    (d)  any  state or local officer or agency with responsibility for the
    12  issuance of licenses to possess a firearm, rifle or  shotgun,  when  the
    13  respondent has made application for such a license; and
    14    (e)  any  prospective employer of a police officer or peace officer as
    15  those terms are defined in subdivisions thirty-three and thirty-four  of
    16  section  1.20  of the criminal procedure law, in relation to an applica-
    17  tion for employment as a police  officer  or  peace  officer;  provided,
    18  however,  that  every  person  who  is  an applicant for the position of
    19  police officer or peace officer shall be furnished with a  copy  of  all
    20  records  obtained under this subparagraph and afforded an opportunity to
    21  make an explanation thereto.
    22    2. Upon expiration of a protection order issued pursuant to this arti-
    23  cle and upon written application of the respondent who is the subject of
    24  such order, with notice and opportunity to be heard  to  the  petitioner
    25  and  every  licensing  officer  responsible  for  issuance  of a firearm
    26  license to the subject of the order pursuant to article four hundred  of
    27  the  penal law, and upon a written finding that there is no legal imped-
    28  iment to the respondent's possession of a surrendered firearm, rifle  or
    29  shotgun, the court shall order the return of a firearm, rifle or shotgun
    30  not  otherwise disposed of in accordance with subdivision one of section
    31  sixty-three hundred forty-four of this article. When issuing such  order
    32  in  connection  with  any firearm subject to a license requirement under
    33  article four hundred of the penal law, if the licensing officer  informs
    34  the  court  that  he  or  she will seek to revoke the license, the order
    35  shall be stayed by the court until the conclusion of any license revoca-
    36  tion proceeding.
    37    §  6347.  Effect  of  findings  and   determinations   in   subsequent
    38  proceedings.   Notwithstanding any contrary claim based on common law or
    39  a provision of any other law, no finding or determination made  pursuant
    40  to  this  article  shall be interpreted as binding, or having collateral
    41  estoppel or similar effect, in any other action or proceeding,  or  with
    42  respect  to  any  other determination or finding, in any court, forum or
    43  administrative proceeding.
    44    § 2. Paragraph (b) of subdivision 5 of section 530.14 of the  criminal
    45  procedure  law,  as added by chapter 644 of the laws of 1996, is amended
    46  to read as follows:
    47    (b) The prompt surrender of one or more firearms pursuant to  a  court
    48  order  issued  pursuant  to this section shall be considered a voluntary
    49  surrender for purposes of subparagraph (f) of paragraph one of  subdivi-
    50  sion  a  of section 265.20 of the penal law. The disposition of any such
    51  firearms shall be in accordance with the provisions of  subdivision  six
    52  of  section 400.05 of the penal law; provided, however, that upon termi-
    53  nation of any suspension  order  issued  pursuant  to  this  section  or
    54  section  eight hundred forty-two-a of the family court act, upon written
    55  application of the subject of the order, with notice and opportunity  to
    56  be  heard  to  the district attorney, the county attorney, the protected

        S. 7133--A                          9

     1  party, and  every  licensing  officer  responsible  for  issuance  of  a
     2  firearms  license  to  the subject of the order pursuant to article four
     3  hundred of the penal law, and upon a written finding that  there  is  no
     4  legal  impediment  to the subject's possession of a surrendered firearm,
     5  rifle or shotgun, any court of record exercising  criminal  jurisdiction
     6  may  order  the  return  of  a  firearm,  rifle or shotgun not otherwise
     7  disposed of in accordance with subdivision six of section 400.05 of  the
     8  penal  law.    When  issuing  such  order in connection with any firearm
     9  subject to a license requirement under article four hundred of the penal
    10  law, if the licensing officer informs the court that he or she will seek
    11  to revoke the license, the order shall be stayed by the court until  the
    12  conclusion of any license revocation proceeding.
    13    §  3. Section 265.45 of the penal law, as amended by section 3 of part
    14  FF of chapter 57 of the laws of 2013, is amended to read as follows:
    15  § 265.45 Safe storage of rifles, shotguns, and firearms.
    16    No person who owns or is custodian of a rifle, shotgun or firearm  who
    17  resides  with  an individual who such person knows or has reason to know
    18  is prohibited from possessing a firearm pursuant to 18 U.S.C.  §  922(g)
    19  (1),  (4),  (8) or (9), or pursuant to a temporary or final extreme risk
    20  protection order issued under article sixty-three-A of the  civil  prac-
    21  tice  law  and rules, shall store or otherwise leave such rifle, shotgun
    22  or firearm out of his or her immediate  possession  or  control  without
    23  having first securely locked such rifle, shotgun or firearm in an appro-
    24  priate  safe  storage depository or rendered it incapable of being fired
    25  by use of a gun locking device appropriate to that weapon. For  purposes
    26  of  this  section  "safe  storage depository" shall mean a safe or other
    27  secure container which, when locked, is incapable of being opened  with-
    28  out  the key, combination or other unlocking mechanism and is capable of
    29  preventing  an  unauthorized  person  from  obtaining  access   to   and
    30  possession of the weapon contained therein. With respect to a person who
    31  is  prohibited from possessing a firearm pursuant to 18 USC § 922(g)(9),
    32  for purposes of this section, this section applies only if  such  person
    33  has  been  convicted  of  a crime included in subdivision one of section
    34  370.15 of the criminal procedure law and such gun  is  possessed  within
    35  five  years  from  the  later of the date of conviction or completion of
    36  sentence. Nothing in this section shall be deemed to affect,  impair  or
    37  supersede  any  special  or  local  act  relating to the safe storage of
    38  rifles, shotguns or firearms which impose additional requirements on the
    39  owner or custodian of such weapons.
    40    A violation of this section shall constitute a class A misdemeanor.
    41    § 4. This act shall take effect on the two hundred tenth day after  it
    42  shall have become a law.
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