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Key Votes

A 11148 - Authorizes Extreme Risk Protection Orders - New York Key Vote

David Buchwald Co-Sponsored (Introduced) this Legislation.

Read statements David Buchwald made in this general time period.

Timeline

Issues Related to A 11148

Stage Details

Legislation - Referred to Committee (Senate) -
Legislation - Bill Passed (House) (108-30) - (Key vote)
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Title: Authorizes Extreme Risk Protection Orders

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Vote Smart's Synopsis:

Vote to pass a bill that authorizes extreme risk protection orders, commonly known as a "red flag bill."

Highlights:

 

  • Authorizes police officers, district attorneys, and certified school employees to file a petition for an extreme risk protection order with accompanying evidence and documentation (Sec. 1).

  • Authorizes courts to issue a temporary extreme risk protection order upon application for an extreme risk protection order if there is probably cause to believe that an individual poses a risk to themselves or others if they are able to purchase or possess firearms (Sec. 1).

  • Requires that a hearing to determine the issuance of a final extreme risk protection order be held no later than 6 business days after the issuance of a temporary extreme risk protection order (Sec. 1).

  • Requires that a hearing to determine the issuance of an extreme risk protection order be held no later than 10 business days after the service of an application in cases where a temporary extreme risk protection order was not served (Sec. 1).

  • Specifies that the petitioner has the duty of proving that the respondent is likely to engage in conduct that would result in harm to themselves or others, by a standard of clear and convincing evidence (Sec. 1).

  • Requires a law enforcement officer, upon issuance of a temporary or final extreme risk protection order, to obtain all firearms in the possession of the respondent by surrender or lawful search and to issue a receipt for all such firearms to the respondent (Sec. 1).

  • Specifies that an extreme risk protection order remains in effect for 1 year or until a court order is issued (Sec. 1).

  • Authorizes petitioners to apply for an extension of an extreme risk protection order within 60 of the expiration of the order (Sec. 1).

  • Authorizes respondents to apply for any portion of the order to be vacated by hearing at any point during the effective period of the order (Sec. 1).

Legislation - Introduced (House) -

Title: Authorizes Extreme Risk Protection Orders

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