§ 6341 — Application for an extreme risk protection order

New York § 6341

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 63-A: Extreme Risk Protection Orders

Text

§ 6341. Application for an extreme risk protection order. In\naccordance with this article, a petitioner may file an application,\nwhich shall be sworn, and accompanying supporting documentation, setting\nforth the facts and circumstances justifying the issuance of an extreme\nrisk protection order. Provided, however, that a petitioner that is a\nlaw enforcement agency that employs a police officer, as such term\ndefined in section 1.20 of the criminal procedure law, or is a police\nofficer or district attorney with jurisdiction in the county or city\nwhere the person against whom the order is sought resides shall file\nsuch application upon the receipt of credible information that an\nindividual is likely to engage in conduct that would result in serious\nharm to themself or others, as defined in paragraph one or two of\nsubdivision (a) of section 9.39 of the mental hygiene law, unless such\npetitioner determines that there is no probable cause for such filing.\nSuch application and supporting documentation shall be filed in the\nsupreme court in the county in which the respondent resides. The chief\nadministrator of the courts shall adopt forms that may be used for\npurposes of such applications and the court's consideration of such\napplications. Such application form shall include inquiry as to whether\nthe petitioner knows, or has reason to believe, that the respondent\nowns, possesses or has access to a firearm, rifle or shotgun and if so,\na request that the petitioner list or describe such firearms, rifles and\nshotguns, and the respective locations thereof, with as much specificity\nas possible.\n