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New York · Through 2026-09-11

N.Y. Civil Practice Law & Rules § 6341: Application for an extreme risk protection order

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

§ 6341. Application for an extreme risk protection order. In

accordance with this article, a petitioner may file an application,

which shall be sworn, and accompanying supporting documentation, setting

forth the facts and circumstances justifying the issuance of an extreme

risk protection order. Provided, however, that a petitioner that is a

law enforcement agency that employs a police officer, as such term

defined in section 1.20 of the criminal procedure law, or is a police

officer or district attorney with jurisdiction in the county or city

where the person against whom the order is sought resides shall file

such application upon the receipt of credible information that an

individual is likely to engage in conduct that would result in serious

harm to themself or others, as defined in paragraph one or two of

subdivision (a) of section 9.39 of the mental hygiene law, unless such

petitioner determines that there is no probable cause for such filing.

Such application and supporting documentation shall be filed in the

supreme court in the county in which the respondent resides. The chief

administrator of the courts shall adopt forms that may be used for

purposes of such applications and the court's consideration of such

applications. Such application form shall include inquiry as to whether

the petitioner knows, or has reason to believe, that the respondent

owns, possesses or has access to a firearm, rifle or shotgun and if so,

a request that the petitioner list or describe such firearms, rifles and

shotguns, and the respective locations thereof, with as much specificity

as possible.

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

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