N.Y. Civil Practice Law & Rules § 6344: Surrender and removal of firearms, rifles and shotguns pursuant to an extreme risk protection order

§ 6344. Surrender and removal of firearms, rifles and shotguns

pursuant to an extreme risk protection order. 1. When a law enforcement

officer takes any firearm, rifle or shotgun pursuant to a temporary

extreme risk protection order or a final extreme risk protection order,

the officer shall give to the person from whom such firearm, rifle or

shotgun is taken a receipt or voucher for the property taken, describing

the property in detail. In the absence of a person, the officer shall

leave the receipt or voucher in the place where the property was found,

mail a copy of the receipt or voucher, retaining proof of mailing, to

the last known address of the respondent and, if different, the owner of

the firearm, rifle or shotgun, and file a copy of such receipt or

voucher with the court. All firearms, rifles and shotguns in the

possession of a law enforcement official pursuant to this article shall

be subject to the provisions of applicable law, including but not

limited to subdivision six of section 400.05 of the penal law; provided,

however, that any such firearm, rifle or shotgun shall be retained and

not disposed of by the law enforcement agency for at least two years

unless legally transferred by the respondent to an individual permitted

by law to own and possess such firearm, rifle or shotgun.

2. If the location to be searched during the execution of a temporary

extreme risk protection order or extreme risk protection order is

jointly occupied by two or more parties, and a firearm, rifle or shotgun

located during the execution of such order is owned by a person other

than the respondent, the court shall, upon a written finding that there

is no legal impediment to the person other than the respondent's

possession of such firearm, rifle or shotgun, order the return of such

firearm, rifle or shotgun to such lawful owner and inform such person of

their obligation to safely store their firearm, rifle, or shotgun in

accordance with section 265.45 of the penal law.