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NY A11379

Bill

Status

Introduced

10/19/2018

Primary Sponsor

Walter Mosley

Click for details

Origin

Assembly

2017-2018 General Assembly

AI Summary

  • Establishes extreme risk protection orders (ERPOs) as court-issued orders of protection prohibiting respondents from purchasing, possessing, or attempting to possess firearms, rifles, or shotguns.

  • Allows police officers, district attorneys, and family/household members to petition for temporary ERPOs upon finding probable cause that the respondent suffers from Alzheimer's disease, a related disorder, or dementia.

  • Requires courts to hold hearings within 3-6 business days of temporary order service to determine whether to issue a final ERPO, with the petitioner bearing the burden of proving by clear and convincing evidence that grounds exist for the order.

  • Directs law enforcement to surrender firearms and notify state police, licensing officers, and the FBI of all issued orders; requires courts to notify agencies within one business day of issuance or expiration.

  • Extends ERPOs for up to one year and allows respondents one written request during the order's effective period to have it set aside by proving changed circumstances; seized firearms must be retained for at least two years unless legally transferred.

Legislative Description

Establishes extreme risk protection orders as a court-issued order of protection prohibiting a person from purchasing, possessing or attempting to purchase or possess a firearm, rifle or shotgun.

Last Action

referred to codes

10/19/2018

Committee Referrals

Codes10/19/2018

Full Bill Text

No bill text available