§ 6343. Issuance of a final extreme risk protection order. 1. In\naccordance with this article, no sooner than three business days nor\nlater than six business days after service of a temporary extreme risk\nprotection order and, alternatively, no later than ten business days\nafter service of an application under this article where no temporary\nextreme risk protection order has been issued, the supreme court shall\nhold a hearing to determine whether to issue a final extreme risk\nprotection order and, when applicable, whether a firearm, rifle or\nshotgun surrendered by, or removed from, the respondent should be\nreturned to the respondent. The respondent shall be entitled to more\nthan six business days if a temporary extreme risk protection order has\nbeen issued and the respondent requests a reasonable period of\nadditional time to prepare for the hearing. Where no temporary order has\nbeen issued, the respondent may request, and the court may grant,\nadditional time beyond the ten days to allow the respondent to prepare\nfor the hearing.\n 2. At the hearing pursuant to subdivision one of this section, the\npetitioner shall have the burden of proving, by clear and convincing\nevidence, that the respondent is likely to engage in conduct that would\nresult in serious harm to himself, herself or others, as defined in\nparagraph one or two of subdivision (a) of section 9.39 of the mental\nhygiene law. The court may consider the petition and any evidence\nsubmitted by the petitioner, any evidence submitted by the respondent,\nany testimony presented, and the report of the relevant law enforcement\nagency submitted pursuant to subdivision nine of section sixty-three\nhundred forty-two of this article. The court shall also consider the\nfactors set forth in subdivision two of section sixty-three hundred\nforty-two of this article.\n 3. (a) After the hearing pursuant to subdivision one of this section,\nthe court shall issue a written order granting or denying the extreme\nrisk protection order and setting forth the reasons for such\ndetermination. If the extreme risk protection order is granted, the\ncourt shall direct service of such order in the manner and in accordance\nwith the protections for the petitioner set forth in subdivision six of\nsection sixty-three hundred forty-two of this article.\n (b) Upon issuance of an extreme risk protection order: (i) any\nfirearm, rifle or shotgun removed pursuant to a temporary extreme risk\nprotection order or such extreme risk protection order shall be retained\nby the law enforcement agency having jurisdiction for the duration of\nthe order, unless ownership of the firearm, rifle or shotgun is legally\ntransferred by the respondent to another individual permitted by law to\nown and possess such firearm, rifle or shotgun; (ii) the supreme court\nshall temporarily suspend any existing firearm license possessed by the\nrespondent and order the respondent temporarily ineligible for such a\nlicense; (iii) the respondent shall be prohibited from purchasing or\npossessing, or attempting to purchase or possess, a firearm, rifle or\nshotgun; and (iv) the court shall direct the respondent to surrender any\nfirearm, rifle or shotgun in his or her possession in the same manner as\nset forth in subdivision five of section 530.14 of the criminal\nprocedure law.\n (c) An extreme risk protection order issued in accordance with this\nsection shall extend, as specified by the court, for a period of up to\none year from the date of the issuance of such order; provided, however,\nthat if such order was immediately preceded by the issuance of a\ntemporary extreme risk protection order, then the duration of the\nextreme risk protection order shall be measured from the date of\nissuance of such temporary extreme risk protection order.\n (d) A law enforcement officer serving a final extreme risk protection\norder shall request that the respondent immediately surrender to the\nofficer all firearms, rifl
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