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New York · Through 2026-09-11

N.Y. Civil Practice Law & Rules § 6340: Definitions

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Where this section sits in the code
  1. Civil Practice Law & Rules
  2. Article 63-A. Extreme Risk Protection Orders

§ 6340. Definitions. For the purposes of this article:

1. "Extreme risk protection order" means a court-issued order of

protection prohibiting a person from purchasing, possessing or

attempting to purchase or possess a firearm, rifle or shotgun.

2. "Petitioner" means: (a) a law enforcement agency that employs a

police officer, as such term is defined in section 1.20 of the criminal

procedure law, or a police officer or district attorney with

jurisdiction in the county or city where the person against whom the

order is sought resides; (b) a family or household member, as defined in

subdivision two of section four hundred fifty-nine-a of the social

services law, of the person against whom the order is sought; (c) a

school administrator as defined in section eleven hundred twenty-five of

the education law, or a school administrator's designee, of any school

in which the person against whom the order is sought is currently

enrolled or has been enrolled in the six months immediately preceding

the filing of the petition; or (d) a licensed physician, licensed

psychiatrist, licensed psychologist, registered nurse, licensed clinical

social worker, certified clinical nurse specialist, certified nurse

practitioner, licensed clinical marriage and family therapist,

registered professional nurse, licensed master social worker or licensed

mental health counselor who has treated the person against whom the

order is sought in the six months immediately preceding the filing of

the petition. For purposes of this article, a school administrator's

designee shall be employed at the same school as the school

administrator and shall be any of the following who has been designated

in writing to file a petition with respect to the person against whom

the order is sought: a school teacher, school guidance counselor, school

psychologist, school social worker, school nurse, or other school

personnel required to hold a teaching or administrative license or

certificate, and full or part-time compensated school employee required

to hold a temporary coaching license or professional coaching

certificate.

3. "Respondent" means the person against whom an extreme risk

protection order is or may be sought under this article.

4. "Possess" shall have the same meaning as defined in subdivision

eight of section 10.00 of the penal law.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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