New York
CPLR Article 63-a, ยง6340-6347 

Who May Petition

LEO, family or household member, school administrator or designee

Burden of proof for Emergency Order or Ex Parte Order

Probable cause to believe the respondent is likely to engage in conduct that would result in serious harm to himself, herself or others.

Notice and Opportunity

Court sets hearing 3 to 6 days after issuance of ex parte order

Service

Personally by LEO, or by a 3rd party designated by petitioner

What is Prohibited?

Purchase, possess or attempt to purchase or possess a firearm, rifle or shotgun.

Relinquish Firearms

Respondent is ordered to surrender any firearm, rifle or shotgun to LEO.

Seizure by LEA

LEO can take possession of firearms in plain sight. Court may include in the order direction to LEO to search for firearms.

Burden of Proof at Hearing

Clear and convincing evidence that the respondent is likely to engage in conduct that would result in serious harm to himself, herself or others.

Authority to Order Mental Health/Substance Abuse Evaluation

Not specified

Entry into NICS

Division of Criminal Justice Services ordered to enter into NICS

Duration of Order after Hearing

Up to 1 year

Warrantless Arrest Permitted in Statute

Not specified in statute

Criminal Penalty

Not specified

Contempt Penalty

 

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