N.Y. Civil Practice Law & Rules § 6346: Expiration of an extreme risk protection order

§ 6346. Expiration of an extreme risk protection order. 1. A

protection order issued pursuant to this article, and all records of any

proceedings conducted pursuant to this article, shall be sealed upon

expiration of such order and the clerk of the court wherein such

proceedings were conducted shall immediately notify the commissioner of

the division of criminal justice services, the heads of all appropriate

police departments, applicable licensing officers, and all other

appropriate law enforcement agencies that the order has expired and that

the record of such protection order shall be sealed and not be made

available to any person or public or private entity, except that such

records shall be made available to:

(a) the respondent or the respondent's designated agent;

(b) courts in the unified court system;

(c) police forces and departments having responsibility for

enforcement of the general criminal laws of the state;

(d) any state or local officer or agency with responsibility for the

issuance of licenses to possess a firearm, rifle or shotgun, when the

respondent has made application for such a license; and

(e) any prospective employer of a police officer or peace officer as

those terms are defined in subdivisions thirty-three and thirty-four of

section 1.20 of the criminal procedure law, in relation to an

application for employment as a police officer or peace officer;

provided, however, that every person who is an applicant for the

position of police officer or peace officer shall be furnished with a

copy of all records obtained under this subparagraph and afforded an

opportunity to make an explanation thereto.

2. Upon expiration of a protection order issued pursuant to this

article and upon written application of the respondent who is the

subject of such order, with notice and opportunity to be heard to the

petitioner and every licensing officer responsible for issuance of a

firearm license to the subject of the order pursuant to article four

hundred of the penal law, and upon a written finding that there is no

legal impediment to the respondent's possession of a surrendered

firearm, rifle or shotgun, the court shall order the return of a

firearm, rifle or shotgun not otherwise disposed of in accordance with

subdivision one of section sixty-three hundred forty-four of this

article. When issuing such order in connection with any firearm subject

to a license requirement under article four hundred of the penal law, if

the licensing officer informs the court that he or she will seek to

revoke the license, the order shall be stayed by the court until the

conclusion of any license revocation proceeding.