N.Y. CPLR § 6343

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 6343 Issuance of a final extreme risk protection order. 1 § 6343. Issuance of a final extreme risk protection order. 1. Inaccordance with this article, no sooner than three business days norlater than six business days after service of a temporary extreme riskprotection order and, alternatively, no later than ten business daysafter service of an application under this article where no temporaryextreme risk protection order has been issued, the supreme court shallhold a hearing to determine whether to issue a final extreme riskprotection order and, when applicable, whether a firearm, rifle orshotgun surrendered by, or removed from, the respondent should bereturned to the respondent. The respondent shall be entitled to morethan six business days if a temporary extreme risk protection order hasbeen issued and the respondent requests a reasonable period ofadditional time to prepare for the hearing. Where no temporary order hasbeen issued, the respondent may request, and the court may grant,additional time beyond the ten days to allow the respondent to preparefor the hearing.2. At the hearing pursuant to subdivision one of this section, thepetitioner shall have the burden of proving, by clear and convincingevidence, that the respondent is likely to engage in conduct that wouldresult in serious harm to himself, herself or others, as defined inparagraph one or two of subdivision (a) of section 9.39 of the mentalhygiene law. The court may consider the petition and any evidencesubmitted by the petitioner, any evidence submitted by the respondent,any testimony presented, and the report of the relevant law enforcementagency submitted pursuant to subdivision nine of section sixty-threehundred forty-two of this article. The court shall also consider thefactors set forth port of the relevant law enforcementagency submitted pursuant to subdivision nine of section sixty-threehundred forty-two of this article. The court shall also consider thefactors set forth in subdivision two of section sixty-three hundredforty-two of this article.3. (a) After the hearing pursuant to subdivision one of this section,the court shall issue a written order granting or denying the extremerisk protection order and setting forth the reasons for suchdetermination. If the extreme risk protection order is granted, thecourt shall direct service of such order in the manner and in accordancewith the protections for the petitioner set forth in subdivision six ofsection sixty-three hundred forty-two of this article.(b) Upon issuance of an extreme risk protection order: (i) anyfirearm, rifle or shotgun removed pursuant to a temporary extreme riskprotection order or such extreme risk protection order shall be retainedby the law enforcement agency having jurisdiction for the duration ofthe order, unless ownership of the firearm, rifle or shotgun is legallytransferred by the respondent to another individual permitted by law toown and possess such firearm, rifle or shotgun; (ii) the supreme courtshall temporarily suspend any existing firearm license possessed by therespondent and order the respondent temporarily ineligible for such alicense; (iii) the respondent shall be prohibited from purchasing orpossessing, or attempting to purchase or possess, a firearm, rifle orshotgun; and (iv) the court shall direct the respondent to surrender anyfirearm, rifle or shotgun in his or her possession in the same manner asset forth in subdivision five of section 530.14 of the criminalprocedure law.(c) An extreme risk protection order issued in accordance with thissection shall extend, as specified by the court, for a period of up toone year from the date of the issuance of such order; prov n extreme risk protection order issued in accordance with thissection shall extend, as specified by the court, for a period of up toone year from the date of the issuance of such order; provided, however,that if such order was immediately preceded by the issuance of atemporary extreme risk protection order, then the duration of theextreme risk protection order shall be measured from the date ofissuance of such temporary extreme risk protection order.(d) A law enforcement officer serving a final extreme risk protectionorder shall request that the respondent immediately surrender to theofficer all firearms, rifles and shotguns in the respondent's possessionand the officer shall conduct any search permitted by law for suchfirearms. The law enforcement officer shall take possession of allfirearms, rifles and shotguns that are surrendered, that are in plainsight, or that are discovered pursuant to a lawful search. As part ofthe order, the court may also direct a police officer to search forfirearms, rifles and shotguns in a respondent's possession --- NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only consistentwith the procedures of article six hundred ninety of the criminalprocedure law.4. (a) The court shall notify the division of state police, any otherlaw enforcement agency with jurisdiction, all applicable licensingofficers, the statewide computerized registry of orders of protectionand warrants of arrest referred to in section two hundred twenty-one-aof the executive law, and the division of criminal justice services ofthe issuance of a final extreme risk protection order and provide a copyof such order to such persons and agencies and registry no later thanthe next business day after issuing the order. The court also shallpromptly notify such persons and agencies and registry and provide acopy of any order amending or revoking such try no later thanthe next business day after issuing the order. The court also shallpromptly notify such persons and agencies and registry and provide acopy of any order amending or revoking such protection order orrestoring the respondent's ability to own or possess firearms, rifles orshotguns no later than the next business day after issuing the order torestore such right to the respondent. The court also shall report suchdemographic data as required by the state division of criminal justiceservices at the time such order is transmitted thereto. Any notice orreport submitted pursuant to this subdivision shall be in an electronicformat, in a manner prescribed by the division of criminal justiceservices.(b) Upon receiving notice of the issuance of a final extreme riskprotection order, the division of criminal justice services shallimmediately report the existence of such order to the federal bureau ofinvestigation to allow the bureau to identify persons prohibited frompurchasing firearms, rifles or shotguns. The division shall alsoimmediately report to the bureau the expiration of such protection orderand any court order amending or revoking such protection order orrestoring the respondent's ability to purchase a firearm, rifle orshotgun.5. (a) If, in accordance with a temporary extreme risk protectionorder, a firearm, rifle or shotgun has been surrendered by or removedfrom the respondent, and the supreme court subsequently finds that thepetitioner has not met the required standard of proof, the court'sfinding shall include a written order, issued to all parties, directingthat any firearm, rifle or shotgun surrendered or removed pursuant tosuch temporary order shall be returned to the respondent, upon a writtenfinding that there is no legal impediment to the respondent's possessionof such firearm, rifle or shotgun.(b) If any other person demonstrates that he or she is the lawfu dent, upon a writtenfinding that there is no legal impediment to the respondent's possessionof such firearm, rifle or shotgun.(b) If any other person demonstrates that he or she is the lawfulowner of any firearm, rifle or shotgun surrendered or removed pursuantto a protection order issued in accordance with this article, andprovided that the court has made a written finding that there is nolegal impediment to the person's possession of a surrendered or removedfirearm, rifle or shotgun, the court shall direct that such firearm,rifle or shotgun be returned to such lawful owner and inform such personof the obligation to safely store such firearm, rifle, or shotgun inaccordance with section 265.45 of the penal law.6. The respondent shall be notified on the record and in writing bythe court that he or she may submit one written request, at any timeduring the effective period of an extreme risk protection order, for ahearing setting aside any portion of such order. The request shall besubmitted in substantially the same form and manner as prescribed by thechief administrator of the courts. Upon such request, the court shallpromptly hold a hearing, in accordance with this article, afterproviding reasonable notice to the petitioner. The respondent shall bearthe burden to prove, by clear and convincing evidence, any change ofcircumstances that may justify a change to the order. CPLR § 6343 Page 2