STATE OF NEW YORK
        ________________________________________________________________________
                                         8976--A
                   IN ASSEMBLY
                                     January 9, 2018
                                       ___________
        Introduced  by M. of A. SIMON -- read once and referred to the Committee
          on Codes -- 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-
    21  tion  in  the  county or city where the person against whom the order is
    22  sought resides; or (b) a family  or  household  member,  as  defined  in
    23  subdivision  two  of  section  four  hundred  fifty-nine-a of the social
    24  services law, of the person against whom the order is sought.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10726-04-8

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

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

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     1  report submitted pursuant to this subdivision shall be in an  electronic
     2  format,  in  a  manner  prescribed  by  the division of criminal justice
     3  services.
     4    (b)  Upon receiving notice of the issuance of a temporary extreme risk
     5  protection order, the division of criminal justice services shall  imme-
     6  diately  report  the  existence  of  such order to the federal bureau of
     7  investigation to allow the bureau to identify  persons  prohibited  from
     8  purchasing  firearms,  rifles or shotguns. The division shall also imme-
     9  diately report to the bureau  the  expiration  of  any  such  protection
    10  order,  any  court  order  amending or revoking such protection order or
    11  restoring the respondent's ability to purchase a firearm, rifle or shot-
    12  gun.
    13    8. The issuance of a temporary extreme  risk  protection  order  shall
    14  constitute  authority  and  direction for a police officer to remove all
    15  firearms, rifles and shotguns in the respondent's possession. As part of
    16  the order, the court may also direct a  police  officer  to  search  for
    17  firearms, rifles and shotguns in the respondent's possession in a manner
    18  consistent  with  the  procedures  of  article six hundred ninety of the
    19  criminal procedure law.
    20    9. Upon issuance of a temporary extreme risk protection order, or upon
    21  setting a hearing for a final extreme  risk  protection  order  where  a
    22  temporary  order  is denied or not requested, the court shall direct the
    23  law enforcement agency  having  jurisdiction  to  conduct  a  background
    24  investigation  and  report  to the court and, subject to any appropriate
    25  redactions to protect any  person,  each  party  regarding  whether  the
    26  respondent:
    27    (a)  has any prior criminal conviction for an offense involving domes-
    28  tic violence, use of a weapon, or other violence;
    29    (b) has any criminal charge or violation currently pending against him
    30  or her;
    31    (c) is currently on parole or probation;
    32    (d) possesses any registered firearms, rifles or shotguns; and
    33    (e) has been, or is,  subject  to  any  order  of  protection  or  has
    34  violated or allegedly violated any order of protection.
    35    §  6343.  Issuance  of  a  final  extreme risk protection order. 1. In
    36  accordance with this article, no sooner than  three  business  days  nor
    37  later  than  six business days after service of a temporary extreme risk
    38  protection order and, alternatively, no later  than  ten  business  days
    39  after  service  of  an application under this article where no temporary
    40  extreme risk protection order has been issued, the supreme  court  shall
    41  hold  a  hearing  to  determine  whether  to  issue a final extreme risk
    42  protection order and, when applicable, whether a firearm, rifle or shot-
    43  gun surrendered by, or removed from, the respondent should  be  returned
    44  to  the  respondent.  The  respondent shall be entitled to more than six
    45  business days if a temporary extreme  risk  protection  order  has  been
    46  issued  and  the  respondent  requests a reasonable period of additional
    47  time to prepare for the hearing.  Where  no  temporary  order  has  been
    48  issued,  the respondent may request, and the court may grant, additional
    49  time beyond the ten days to allow the  respondent  to  prepare  for  the
    50  hearing.
    51    2.  At  the  hearing  pursuant to subdivision one of this section, the
    52  petitioner shall have the burden of proving,  by  clear  and  convincing
    53  evidence,  that the respondent is likely to engage in conduct that would
    54  result in serious harm to himself, herself  or  others,  as  defined  in
    55  paragraph  one  or  two of subdivision (a) of section 9.39 of the mental
    56  hygiene law. The court  may  consider  the  petition  and  any  evidence

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     1  submitted  by  the petitioner, any evidence submitted by the respondent,
     2  any testimony presented, and the report of the relevant law  enforcement
     3  agency  submitted  pursuant  to  subdivision nine of section sixty-three
     4  hundred  forty-two  of  this  article. The court shall also consider the
     5  factors set forth in subdivision  two  of  section  sixty-three  hundred
     6  forty-two of this article.
     7    3.  (a) After the hearing pursuant to subdivision one of this section,
     8  the court shall issue a written order granting or  denying  the  extreme
     9  risk  protection  order  and setting forth the reasons for such determi-
    10  nation. If the extreme risk protection order is granted, the court shall
    11  direct service of such order in the manner and in  accordance  with  the
    12  protections  for  the petitioner set forth in subdivision six of section
    13  sixty-three hundred forty-two of this article.
    14    (b) Upon issuance  of  an  extreme  risk  protection  order:  (i)  any
    15  firearm,  rifle  or shotgun removed pursuant to a temporary extreme risk
    16  protection order or such extreme risk protection order shall be retained
    17  by the law enforcement agency having jurisdiction for  the  duration  of
    18  the  order, unless ownership of the firearm, rifle or shotgun is legally
    19  transferred by the respondent to another individual permitted by law  to
    20  own  and  possess such firearm, rifle or shotgun; (ii) the supreme court
    21  shall temporarily suspend any existing firearm license possessed by  the
    22  respondent  and  order  the respondent temporarily ineligible for such a
    23  license; (iii) the respondent shall be  prohibited  from  purchasing  or
    24  possessing,  or  attempting  to purchase or possess, a firearm, rifle or
    25  shotgun; and (iv) the court shall direct the respondent to surrender any
    26  firearm, rifle or shotgun in his or her possession.
    27    (c) An extreme risk protection order issued in  accordance  with  this
    28  section  shall  extend, as specified by the court, for a period of up to
    29  one year from the date of the issuance of such order; provided, however,
    30  that if such order was immediately preceded by the issuance of a  tempo-
    31  rary  extreme  risk  protection  order, then the duration of the extreme
    32  risk protection order shall be measured from the  date  of  issuance  of
    33  such temporary extreme risk protection order.
    34    (d)  The  issuance  of  a  final  extreme  risk protection order shall
    35  constitute authority and direction for a police officer  to  remove  all
    36  firearms, rifles and shotguns in the respondent's possession. As part of
    37  the  order,  the  court  may  also direct a police officer to search for
    38  firearms, rifles and shotguns in a  respondent's  possession  consistent
    39  with the procedures of article six hundred ninety of the criminal proce-
    40  dure law.
    41    4.  (a) The court shall notify the division of state police, any other
    42  law enforcement agency with jurisdiction, all applicable licensing offi-
    43  cers, and the division of criminal justice services of the issuance of a
    44  final extreme risk protection order and provide a copy of such order  to
    45  such  persons  and  agencies  no  later than the next business day after
    46  issuing the order. The court also shall promptly notify such persons and
    47  agencies and provide a copy of  any  order  amending  or  revoking  such
    48  protection order or restoring the respondent's ability to own or possess
    49  firearms,  rifles  or shotguns no later than the next business day after
    50  issuing the order to restore such right to the respondent. Any notice or
    51  report submitted pursuant to this subdivision shall be in an  electronic
    52  format,  in  a  manner  prescribed  by  the division of criminal justice
    53  services.
    54    (b) Upon receiving notice of the issuance  of  a  final  extreme  risk
    55  protection  order, the division of criminal justice services shall imme-
    56  diately report the existence of such order  to  the  federal  bureau  of

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     1  investigation  to  allow  the bureau to identify persons prohibited from
     2  purchasing firearms, rifles or shotguns. The division shall  also  imme-
     3  diately report to the bureau the expiration of such protection order and
     4  any  court order amending or revoking such protection order or restoring
     5  the respondent's ability to purchase a firearm, rifle or shotgun.
     6    5. (a) If, in accordance with  a  temporary  extreme  risk  protection
     7  order,  a  firearm,  rifle or shotgun has been surrendered by or removed
     8  from the respondent, and the supreme court subsequently finds  that  the
     9  petitioner has not met the required standard of proof, the court's find-
    10  ing shall include a written order, issued to all parties, directing that
    11  any  firearm,  rifle  or shotgun surrendered or removed pursuant to such
    12  temporary order shall be returned to the respondent.
    13    (b) If any other person demonstrates that he  or  she  is  the  lawful
    14  owner  of  any firearm, rifle or shotgun surrendered or removed pursuant
    15  to a protection order  issued  in  accordance  with  this  article,  and
    16  provided that there is no legal impediment to the person's possession of
    17  a surrendered or removed firearm, rifle or shotgun, the court may, after
    18  notice  to  the parties and an opportunity to be heard, direct that such
    19  firearm, rifle or shotgun be returned to such lawful owner.
    20    6. The respondent shall be notified on the record and  in  writing  by
    21  the  court  that  he  or she may submit one written request, at any time
    22  during the effective period of an extreme risk protection order,  for  a
    23  hearing  setting  aside  any portion of such order. The request shall be
    24  submitted in substantially the same form and manner as prescribed by the
    25  chief administrator of the courts. Upon such request,  the  court  shall
    26  promptly  hold a hearing, in accordance with this article, after provid-
    27  ing reasonable notice to the petitioner.  The respondent shall bear  the
    28  burden to prove, by clear and convincing evidence, any change of circum-
    29  stances that may justify a change to the order.
    30    §  6344. Surrender and removal of firearms, rifles and shotguns pursu-
    31  ant to an extreme risk protection order. 1. When a law enforcement offi-
    32  cer takes any firearm, rifle or shotgun pursuant to a temporary  extreme
    33  risk  protection  order  or  a  final extreme risk protection order, the
    34  officer shall give to the person from whom such firearm, rifle or  shot-
    35  gun is taken a receipt or voucher for the property taken, describing the
    36  property  in detail. In the absence of a person, the officer shall leave
    37  the receipt or voucher in the place where the property was found, mail a
    38  copy of the receipt or voucher, retaining proof of mailing, to the  last
    39  known  address  of  the  respondent  and, if different, the owner of the
    40  firearm, rifle or shotgun, and file a copy of such  receipt  or  voucher
    41  with the court. All firearms, rifles and shotguns in the possession of a
    42  law  enforcement  official  pursuant to this article shall be subject to
    43  the provisions of applicable law, including but not limited to  subdivi-
    44  sion six of section 400.05 of the penal law; provided, however, that any
    45  such  firearm, rifle or shotgun shall be retained and not disposed of by
    46  the law enforcement agency for at least two years unless legally  trans-
    47  ferred  by  the  respondent to an individual permitted by law to own and
    48  possess such firearm, rifle or shotgun.
    49    2. If the location to be searched during the execution of a  temporary
    50  extreme risk protection order or extreme risk protection order is joint-
    51  ly  occupied  by  two  or  more parties, and a firearm, rifle or shotgun
    52  located during the execution of such order is owned by  a  person  other
    53  than  the  respondent, the court may allow return of such firearm, rifle
    54  or shotgun if it is demonstrated that the firearm, rifle or shotgun will
    55  be safely stored in a manner consistent with section 265.45 of the penal
    56  law, so that the respondent will not have access to or  control  of  the

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     1  firearm,  rifle  or  shotgun,  and  there  is  no  evidence  of unlawful
     2  possession of the firearm, rifle or shotgun by the owner.
     3    §  6345.  Request  for renewal of an extreme risk protection order. 1.
     4  If a petitioner believes a person subject to an extreme risk  protection
     5  order  continues  to be likely to engage in conduct that would result in
     6  serious harm to himself, herself, or others, as defined in paragraph one
     7  or two of subdivision (a) of section 9.39 of  the  mental  hygiene  law,
     8  such  petitioner may, at any time within sixty days prior to the expira-
     9  tion of such existing extreme risk protection order, initiate a  request
    10  for  a  renewal of such order, setting forth the facts and circumstances
    11  necessitating the request. The chief administrator of the  courts  shall
    12  adopt  forms  that may be used for purposes of such applications and the
    13  court's consideration of such applications. The court may issue a tempo-
    14  rary extreme risk protection order in  accordance  with  section  sixty-
    15  three  hundred  forty-two  of  this  article,  during  the period that a
    16  request for renewal of an extreme risk protection order is under consid-
    17  eration pursuant to this section.
    18    2. A hearing held pursuant to this section shall be conducted  in  the
    19  supreme  court,  in  accordance  with section sixty-three hundred forty-
    20  three of this article, to determine if a  request  for  renewal  of  the
    21  order  shall  be  granted.  The  respondent shall be served with written
    22  notice of an application for renewal a reasonable time before the  hear-
    23  ing,  and  shall  be afforded an opportunity to fully participate in the
    24  hearing. The court shall direct service  of  such  application  and  the
    25  accompanying papers in the manner and in accordance with the protections
    26  for  the  petitioner set forth in subdivision six of section sixty-three
    27  hundred forty-two of this article.
    28    §  6346.  Expiration  of  an  extreme  risk  protection  order.  1.  A
    29  protection order issued pursuant to this article, and all records of any
    30  proceedings  conducted  pursuant  to  this article, shall be sealed upon
    31  expiration of such order  and  the  clerk  of  the  court  wherein  such
    32  proceedings  were conducted shall immediately notify the commissioner of
    33  the division of criminal justice services, the heads of all  appropriate
    34  police  departments, applicable licensing officers, and all other appro-
    35  priate law enforcement agencies that the order has expired and that  the
    36  record  of  such protection order shall be sealed and not be made avail-
    37  able to any person or public or private entity, except that such records
    38  shall be made available to:
    39    (a) the respondent or the respondent's designated agent;
    40    (b) courts in the unified court system;
    41    (c) police forces and departments having responsibility  for  enforce-
    42  ment of the general criminal laws of the state;
    43    (d)  any  state or local officer or agency with responsibility for the
    44  issuance of licenses to possess a firearm, rifle or  shotgun,  when  the
    45  respondent has made application for such a license; and
    46    (e)  any  prospective employer of a police officer or peace officer as
    47  those terms are defined in subdivisions thirty-three and thirty-four  of
    48  section  1.20  of the criminal procedure law, in relation to an applica-
    49  tion for employment as a police  officer  or  peace  officer;  provided,
    50  however,  that  every  person  who  is  an applicant for the position of
    51  police officer or peace officer shall be furnished with a  copy  of  all
    52  records  obtained under this subparagraph and afforded an opportunity to
    53  make an explanation thereto.
    54    2. Upon expiration of a protection order issued pursuant to this arti-
    55  cle and upon written application of the respondent who is the subject of
    56  such order, with notice and opportunity to be heard  to  the  petitioner

        A. 8976--A                          8
     1  and  every  licensing  officer  responsible  for  issuance  of a firearm
     2  license to the subject of the order pursuant to article four hundred  of
     3  the  penal law, and upon a written finding that there is no legal imped-
     4  iment  to the respondent's possession of a surrendered firearm, rifle or
     5  shotgun, the court shall order the return of a firearm, rifle or shotgun
     6  not otherwise disposed of in accordance with subdivision one of  section
     7  sixty-three  hundred forty-four of this article. When issuing such order
     8  in connection with any firearm subject to a  license  requirement  under
     9  article  four hundred of the penal law, if the licensing officer informs
    10  the court that he or she will seek to  revoke  the  license,  the  order
    11  shall be stayed by the court until the conclusion of any license revoca-
    12  tion proceeding.
    13    §   6347.   Effect   of  findings  and  determinations  in  subsequent
    14  proceedings.  Notwithstanding any contrary claim based on common law  or
    15  a  provision of any other law, no finding or determination made pursuant
    16  to this article shall be interpreted as binding,  or  having  collateral
    17  estoppel  or  similar effect, in any other action or proceeding, or with
    18  respect to any other determination or finding, in any  court,  forum  or
    19  administrative proceeding.
    20    §  2. Paragraph (b) of subdivision 5 of section 530.14 of the criminal
    21  procedure law, as added by chapter 644 of the laws of 1996,  is  amended
    22  to read as follows:
    23    (b)  The  prompt surrender of one or more firearms pursuant to a court
    24  order issued pursuant to this section shall be  considered  a  voluntary
    25  surrender  for purposes of subparagraph (f) of paragraph one of subdivi-
    26  sion a of section 265.20 of the penal law. The disposition of  any  such
    27  firearms  shall  be in accordance with the provisions of subdivision six
    28  of section 400.05 of the penal law; provided, however, that upon  termi-
    29  nation  of  any  suspension  order  issued  pursuant  to this section or
    30  section eight hundred forty-two-a of the family court act, upon  written
    31  application  of the subject of the order, with notice and opportunity to
    32  be heard to the district attorney, the county  attorney,  the  protected
    33  party,  and  every  licensing  officer  responsible  for  issuance  of a
    34  firearms license to the subject of the order pursuant  to  article  four
    35  hundred  of  the  penal law, and upon a written finding that there is no
    36  legal impediment to the subject's possession of a  surrendered  firearm,
    37  rifle  or  shotgun, any court of record exercising criminal jurisdiction
    38  may order the return of  a  firearm,  rifle  or  shotgun  not  otherwise
    39  disposed  of in accordance with subdivision six of section 400.05 of the
    40  penal law.   When issuing such order  in  connection  with  any  firearm
    41  subject to a license requirement under article four hundred of the penal
    42  law, if the licensing officer informs the court that he or she will seek
    43  to  revoke the license, the order shall be stayed by the court until the
    44  conclusion of any license revocation proceeding.
    45    § 3. Section 265.45 of the penal law, as amended by section 3 of  part
    46  FF of chapter 57 of the laws of 2013, is amended to read as follows:
    47  § 265.45 Safe storage of rifles, shotguns, and firearms.
    48    No  person who owns or is custodian of a rifle, shotgun or firearm who
    49  resides with an individual who such person knows or has reason  to  know
    50  is  prohibited  from possessing a firearm pursuant to 18 U.S.C. § 922(g)
    51  (1), (4), (8) or (9), or pursuant to a temporary or final  extreme  risk
    52  protection  order  issued under article sixty-three-A of the civil prac-
    53  tice law and rules, shall store or otherwise leave such  rifle,  shotgun
    54  or  firearm  out  of  his or her immediate possession or control without
    55  having first securely locked such rifle, shotgun or firearm in an appro-
    56  priate safe storage depository or rendered it incapable of  being  fired

        A. 8976--A                          9
     1  by  use of a gun locking device appropriate to that weapon. For purposes
     2  of this section "safe storage depository" shall mean  a  safe  or  other
     3  secure  container which, when locked, is incapable of being opened with-
     4  out  the key, combination or other unlocking mechanism and is capable of
     5  preventing  an  unauthorized  person  from  obtaining  access   to   and
     6  possession of the weapon contained therein. With respect to a person who
     7  is  prohibited from possessing a firearm pursuant to 18 USC § 922(g)(9),
     8  for purposes of this section, this section applies only if  such  person
     9  has  been  convicted  of  a crime included in subdivision one of section
    10  370.15 of the criminal procedure law and such gun  is  possessed  within
    11  five  years  from  the  later of the date of conviction or completion of
    12  sentence. Nothing in this section shall be deemed to affect,  impair  or
    13  supersede  any  special  or  local  act  relating to the safe storage of
    14  rifles, shotguns or firearms which impose additional requirements on the
    15  owner or custodian of such weapons.
    16    A violation of this section shall constitute a class A misdemeanor.
    17    § 4. This act shall take effect on the two hundred tenth day after  it
    18  shall have become a law.