§ 6346 — Expiration of an extreme risk protection order

§ 6346. Expiration of an extreme risk protection order. 1. A\nprotection order issued pursuant to this article, and all records of any\nproceedings conducted pursuant to this article, shall be sealed upon\nexpiration of such order and the clerk of the court wherein such\nproceedings were conducted shall immediately notify the commissioner of\nthe division of criminal justice services, the heads of all appropriate\npolice departments, applicable licensing officers, and all other\nappropriate law enforcement agencies that the order has expired and that\nthe record of such protection order shall be sealed and not be made\navailable to any person or public or private entity, except that such\nrecords shall be made available to:\n (a) the respondent or the respondent's designated agent;\n (b) courts in the unified court system;\n (c) police forces and departments having responsibility for\nenforcement of the general criminal laws of the state;\n (d) any state or local officer or agency with responsibility for the\nissuance of licenses to possess a firearm, rifle or shotgun, when the\nrespondent has made application for such a license; and\n (e) any prospective employer of a police officer or peace officer as\nthose terms are defined in subdivisions thirty-three and thirty-four of\nsection 1.20 of the criminal procedure law, in relation to an\napplication for employment as a police officer or peace officer;\nprovided, however, that every person who is an applicant for the\nposition of police officer or peace officer shall be furnished with a\ncopy of all records obtained under this subparagraph and afforded an\nopportunity to make an explanation thereto.\n 2. Upon expiration of a protection order issued pursuant to this\narticle and upon written application of the respondent who is the\nsubject of such order, with notice and opportunity to be heard to the\npetitioner and every licensing officer responsible for issuance of a\nfirearm license to the subject of the order pursuant to article four\nhundred of the penal law, and upon a written finding that there is no\nlegal impediment to the respondent's possession of a surrendered\nfirearm, rifle or shotgun, the court shall order the return of a\nfirearm, rifle or shotgun not otherwise disposed of in accordance with\nsubdivision one of section sixty-three hundred forty-four of this\narticle. When issuing such order in connection with any firearm subject\nto a license requirement under article four hundred of the penal law, if\nthe licensing officer informs the court that he or she will seek to\nrevoke the license, the order shall be stayed by the court until the\nconclusion of any license revocation proceeding.\n