STATE OF NEW YORK ________________________________________________________________________ 3384 2025-2026 Regular Sessions IN ASSEMBLY January 27, 2025 ___________ Introduced by M. of A. LAVINE -- read once and referred to the Committee on Codes AN ACT to amend the civil practice law and rules, in relation to extreme risk protection orders The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 6340 of the civil practice law and rules is amended 2 by adding a new subdivision 5 to read as follows: 3 5. "Exception" means a respondent who: (a) has previously been deemed 4 certified not suitable to possess a rifle or shotgun pursuant to subdi- 5 vision sixteen of section 265.00 of the penal law; (b) has previously 6 been convicted of a felony, or serious offense as defined by subdivision 7 seventeen of section 265.00 of the penal law; (c) has a current suspen- 8 sion or ineligibility order issued pursuant to the provisions of 9 section 530.14 of the criminal procedure law or section eight 10 hundred forty-two-a of the family court act, with an expiration date no 11 less than one year from the date of the filing of the petition; or (d) 12 is a person under the age of sixteen; and the petition would be based 13 only upon such person's likelihood to engage in conduct posing a threat 14 of harm to themself; and the person did not threaten or use physical 15 force directed at the petitioner or another person or a school; and the 16 person did not use or threaten the use of a firearm, rifle or shotgun; 17 and there is no evidence of a firearm, rifle, shotgun or ammunition 18 possessed by anyone in the person's household. 19 § 2. Section 6341 of the civil practice law and rules, as amended by 20 chapter 425 of the laws of 2024, is amended to read as follows: 21 § 6341. Application for an extreme risk protection order. In accord- 22 ance with this article, a petitioner may file an application, which 23 shall be sworn, and accompanying supporting documentation, setting forth 24 the facts and circumstances justifying the issuance of an extreme risk 25 protection order. Provided, however, that a petitioner that is a law EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01149-01-5
A. 3384 2 1 enforcement agency that employs a police officer, as such term defined 2 in section 1.20 of the criminal procedure law, or is a police officer or 3 district attorney with jurisdiction in the county or city where the 4 person against whom the order is sought resides shall file such applica- 5 tion upon the receipt of credible information that an individual is 6 likely to engage in conduct that would result in serious harm to them- 7 self or others, as defined in paragraph one or two of subdivision (a) of 8 section 9.39 of the mental hygiene law, unless such petitioner deter- 9 mines that there is no probable cause for such filing, or unless an 10 exception listed in subdivision five of section sixty-three hundred 11 forty of this article exists, in which case petitioner who is a police 12 officer or district attorney has the discretion whether or not to file 13 such application. Such application and supporting documentation shall be 14 filed in the supreme court in the county in which the respondent 15 resides. The chief administrator of the courts shall adopt forms that 16 may be used for purposes of such applications and the court's consider- 17 ation of such applications. Such application form shall include inquiry 18 as to whether the petitioner knows, or has reason to believe, that the 19 respondent owns, possesses or has access to a firearm, rifle or shotgun 20 and if so, a request that the petitioner list or describe such firearms, 21 rifles and shotguns, and the respective locations thereof, with as much 22 specificity as possible. 23 § 3. Subdivision 1 of section 6342 of the civil practice law and 24 rules, as added by chapter 19 of the laws of 2019, is amended to read as 25 follows: 26 1. Upon application of a petitioner pursuant to this article, the 27 court may issue a temporary extreme risk protection order, ex parte or 28 otherwise, to prohibit the respondent from purchasing, possessing or 29 attempting to purchase or possess a firearm, rifle or shotgun, upon a 30 finding that there is probable cause to believe the respondent is likely 31 to engage in conduct that would result in [serious harm to himself, 32 herself or others, as defined in paragraph one or two of subdivision (a) 33 of section 9.39 of the mental hygiene law]: (a) substantial risk of 34 physical harm to themself as manifested by threats of or attempts at 35 suicide or serious bodily harm or other conduct demonstrating that such 36 respondent is dangerous to themself, or (b) a substantial risk of phys- 37 ical harm to other persons as manifested by homicidal or other violent 38 behavior by which others are placed in reasonable fear of serious phys- 39 ical harm. Such application for a temporary order shall be determined in 40 writing on the same day the application is filed. 41 § 4. Subdivision 2 of section 6343 of the civil practice law and 42 rules, as added by chapter 19 of the laws of 2019, is amended to read as 43 follows: 44 2. At the hearing pursuant to subdivision one of this section, the 45 petitioner shall have the burden of proving, by clear and convincing 46 evidence, that the respondent is likely to engage in conduct that would 47 result in [serious harm to himself, herself or others, as defined in 48 paragraph one or two of subdivision (a) of section 9.39 of the mental 49 hygiene law]: (a) substantial risk of physical harm to themself as mani- 50 fested by threats of or attempts at suicide or serious bodily harm or 51 other conduct demonstrating that such respondent is dangerous to them- 52 self, or (b) a substantial risk of physical harm to other persons as 53 manifested by homicidal or other violent behavior by which others are 54 placed in reasonable fear of serious physical harm. The court may 55 consider the petition and any evidence submitted by the petitioner, any 56 evidence submitted by the respondent, any testimony presented, and the
A. 3384 3 1 report of the relevant law enforcement agency submitted pursuant to 2 subdivision nine of section sixty-three hundred forty-two of this arti- 3 cle. The court shall also consider the factors set forth in subdivision 4 two of section sixty-three hundred forty-two of this article. 5 § 5. This act shall take effect immediately.