N.Y. Civil Practice Law & Rules Section 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.

Source: Section 6341 — Application for an extreme risk protection order, https://www.­nysenate.­gov/legislation/laws/CVP/6341 (updated Oct. 11, 2024; accessed Dec. 21, 2024).

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Accessed:
Dec. 21, 2024

Last modified:
Oct. 11, 2024

§ 6341’s source at nysenate​.gov

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