N.Y. CPLR § 6344

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 6344 Surrender and removal of firearms, rifles and shotgunspursuant to an extreme risk protection order. 1 § 6344. Surrender and removal of firearms, rifles and shotgunspursuant to an extreme risk protection order. 1. When a law enforcementofficer takes any firearm, rifle or shotgun pursuant to a temporaryextreme risk protection order or a final extreme risk protection order,the officer shall give to the person from whom such firearm, rifle orshotgun is taken a receipt or voucher for the property taken, describingthe property in detail. In the absence of a person, the officer shallleave the receipt or voucher in the place where the property was found,mail a copy of the receipt or voucher, retaining proof of mailing, tothe last known address of the respondent and, if different, the owner ofthe firearm, rifle or shotgun, and file a copy of such receipt orvoucher with the court. All firearms, rifles and shotguns in thepossession of a law enforcement official pursuant to this article shallbe subject to the provisions of applicable law, including but notlimited to subdivision six of section 400.05 of the penal law; provided,however, that any such firearm, rifle or shotgun shall be retained andnot disposed of by the law enforcement agency for at least two yearsunless legally transferred by the respondent to an individual permittedby law to own and possess such firearm, rifle or shotgun.2. If the location to be searched during the execution of a temporaryextreme risk protection order or extreme risk protection order isjointly occupied by two or more parties, and a firearm, rifle or shotgunlocated during the execution of such order is owned by a person otherthan the respondent, the court shall, upon a written finding that thereis no legal impediment to the person ot or shotgunlocated during the execution of such order is owned by a person otherthan the respondent, the court shall, upon a written finding that thereis no legal impediment to the person other than the respondent'spossession of such firearm, rifle or shotgun, order the return of suchfirearm, rifle or shotgun to such lawful owner and inform such person oftheir obligation to safely store their firearm, rifle, or shotgun inaccordance with section 265.45 of the penal law.