Signed by Governor Andrew Cuomo

Vote Smart's Synopsis:

A vote to pass a bill that would allow the issuance of extreme risk protection orders if requested by certain individuals

Highlights:

• Defines “extreme risk protection order” as a court issued order of protection prohibiting a person from purchasing, possessing, or attempting to purchase or possess a firearm, rifle, or shotgun (Sec. 1).

• Defines “petitioners” as police officers, district attorneys with jurisdiction, family members, or school administrators, and specifies that these individuals may request from the court an order that prohibits the purchase or possession of firearms by another individual (Sec. 1).

• Defines “respondent” as the person against whom an extreme risk protection order is sought (Sec. 1).

• Specifies that the grounds on which a temporary extreme risk protection order can be issued includes (Sec. 1):

• A threat, act of violence, or use of physical force directed to themselves, the petitioner, or another individual;

• A history of violating extreme risk protection orders, or any violation or alleged violation of an order of protection ;

• Any pending charge or conviction of offense involving the use of a weapon, or reckless use, display, or brandishing of a weapon; and

• Evidence of recent or ongoing alcohol abuse of a controlled substance, or evidence of a recent acquisition of a firearm, deadly weapon, or dangerous instrument, and any supplemental ammunition.

• Defines “recent” as being within the 6 months prior to the date the extreme risk protection order was filed (Sec. 1).

• Specifies that a temporary extreme risk protection order includes (Sec. 1):

• A statement of the grounds found for the issuance of the order;

• The date and time the order expires;

• The address of the court that issued the order; and

• A statement to the respondent directing that they may not purchase, possess, or attempt to possess a firearm, rifle, or shotgun while this order is in effect.

Full Bill Text

Vote Smart's Synopsis:

A vote to pass a bill that would allow the issuance of extreme risk protection orders if requested by certain individuals.

Highlights:

• Defines “extreme risk protection order” as a court issued order of protection prohibiting a person from purchasing, possessing, or attempting to purchase or possess a firearm, rifle, or shotgun (Sec. 1).

• Defines “petitioners” as police officers, district attorneys with jurisdiction, family members, or school administrators, and specifies that these individuals may request from the court an order that prohibits the purchase or possession of firearms by another individual (Sec. 1).

• Defines “respondent” as the person against whom an extreme risk protection order is sought (Sec. 1).

• Specifies that the grounds on which a temporary extreme risk protection order can be issued includes (Sec. 1):

• A threat, act of violence, or use of physical force directed to themselves, the petitioner, or another individual;

• A history of violating extreme risk protection orders, or any violation or alleged violation of an order of protection ;

• Any pending charge or conviction of offense involving the use of a weapon, or reckless use, display, or brandishing of a weapon; and

• Evidence of recent or ongoing alcohol abuse of a controlled substance, or evidence of a recent acquisition of a firearm, deadly weapon, or dangerous instrument, and any supplemental ammunition.

• Defines “recent” as being within the 6 months prior to the date the extreme risk protection order was filed (Sec. 1).

• Specifies that a temporary extreme risk protection order includes (Sec. 1):

• A statement of the grounds found for the issuance of the order;

• The date and time the order expires;

• The address of the court that issued the order; and

• A statement to the respondent directing that they may not purchase, possess, or attempt to possess a firearm, rifle, or shotgun while this order is in effect.

Full Bill Text