§ 6342. Issuance of a temporary extreme risk protection order. 1. Upon\napplication of a petitioner pursuant to this article, the court may\nissue a temporary extreme risk protection order, ex parte or otherwise,\nto prohibit the respondent from purchasing, possessing or attempting to\npurchase or possess a firearm, rifle or shotgun, upon a finding that\nthere is probable cause to believe the respondent is likely to engage in\nconduct that would result in serious harm to himself, herself or others,\nas defined in paragraph one or two of subdivision (a) of section 9.39 of\nthe mental hygiene law. Such application for a temporary order shall be\ndetermined in writing on the same day the application is filed.\n 2. In determining whether grounds for a temporary extreme risk\nprotection order exist, the court shall consider any relevant factors\nincluding, but not limited to, the following acts of the respondent:\n (a) a threat or act of violence or use of physical force directed\ntoward self, the petitioner, or another person;\n (b) a violation or alleged violation of an order of protection;\n (c) any pending charge or conviction for an offense involving the use\nof a weapon;\n (d) the reckless use, display or brandishing of a firearm, rifle or\nshotgun;\n (e) any history of a violation of an extreme risk protection order;\n (f) evidence of recent or ongoing abuse of controlled substances or\nalcohol;\n (g) evidence of recent acquisition of a firearm, rifle, shotgun or\nother deadly weapon or dangerous instrument, or any ammunition therefor;\nor\n (h) evidence of recent acts of aggravated cruelty to animals as\ndefined in section three hundred fifty-three-a of the agriculture and\nmarkets law.\n In considering the factors under this subdivision, the court shall\nconsider the time that has elapsed since the occurrence of such act or\nacts and the age of the person at the time of the occurrence of such act\nor acts.\n For the purposes of this subdivision, "recent" means within the six\nmonths prior to the date the petition was filed.\n 3. The application of the petitioner and supporting documentation, if\nany, shall set forth the factual basis for the request and probable\ncause for issuance of a temporary order. The court may conduct an\nexamination under oath of the petitioner and any witness the petitioner\nmay produce.\n 4. A temporary extreme risk protection order, if warranted, shall\nissue in writing, and shall include:\n (a) a statement of the grounds found for the issuance of the order;\n (b) the date and time the order expires;\n (c) the address of the court that issued the order;\n (d) a statement to the respondent: (i) directing that the respondent\nmay not purchase, possess or attempt to purchase or possess a firearm,\nrifle or shotgun while the order is in effect and that any firearm,\nrifle or shotgun possessed by such respondent shall be promptly\nsurrendered to any authorized law enforcement official in the same\nmanner as set forth in subdivision five of section 530.14 of the\ncriminal procedure law;\n (ii) informing the respondent that the court will hold a hearing no\nsooner than three nor more than six business days after service of the\ntemporary order, to determine whether a final extreme risk protection\norder will be issued and the date, time and location of such hearing,\nprovided that the respondent shall be entitled to more than six days\nupon request in order to prepare for the hearing; and (iii) informing\nthe respondent the he or she may seek the advice of an attorney and that\nan attorney should be consulted promptly; and\n (e) a form to be completed and executed by the respondent at the time\nof service of the temporary extreme risk protection order which elicits\na list of all firearms, rifles and shotguns possessed by the respondent\nand the particular location of each firearm, rifle or shotgun listed.\n 5. If the application for a temporary extreme risk protection order is\nnot
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