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NY A11379
Bill
Status
10/19/2018
Primary Sponsor
Walter Mosley
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AI Summary
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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.
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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.
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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.
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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.
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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