N.Y. Civil Practice Law & Rules Section 6340

For the purposes of this article:


“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.


“Petitioner” means:


a police officer, as defined in section 1.20 of the criminal procedure law, or district attorney with jurisdiction in the county or city where the person against whom the order is sought resides;


a family or household member, as defined in subdivision two of Social Services Law § 459-A (Definitions)section four hundred fifty-nine-a of the social services law, of the person against whom the order is sought;


a school administrator as defined in Education Law § 1125 (Definitions)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


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.


“Respondent” means the person against whom an extreme risk protection order is or may be sought under this article.


“Possess” shall have the same meaning as defined in subdivision eight of section 10.00 of the penal law.

Source: Section 6340 — Definitions, https://www.­nysenate.­gov/legislation/laws/CVP/6340 (updated Jul. 8, 2022; accessed Jun. 22, 2024).

Jun. 22, 2024

Last modified:
Jul. 8, 2022

§ 6340’s source at nysenate​.gov

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