§ 6344. Surrender and removal of firearms, rifles and shotguns\npursuant to an extreme risk protection order. 1. When a law enforcement\nofficer takes any firearm, rifle or shotgun pursuant to a temporary\nextreme risk protection order or a final extreme risk protection order,\nthe officer shall give to the person from whom such firearm, rifle or\nshotgun is taken a receipt or voucher for the property taken, describing\nthe property in detail. In the absence of a person, the officer shall\nleave the receipt or voucher in the place where the property was found,\nmail a copy of the receipt or voucher, retaining proof of mailing, to\nthe last known address of the respondent and, if different, the owner of\nthe firearm, rifle or shotgun, and file a copy of such receipt or\nvoucher with the court. All firearms, rifles and shotguns in the\npossession of a law enforcement official pursuant to this article shall\nbe subject to the provisions of applicable law, including but not\nlimited to subdivision six of section 400.05 of the penal law; provided,\nhowever, that any such firearm, rifle or shotgun shall be retained and\nnot disposed of by the law enforcement agency for at least two years\nunless legally transferred by the respondent to an individual permitted\nby law to own and possess such firearm, rifle or shotgun.\n 2. If the location to be searched during the execution of a temporary\nextreme risk protection order or extreme risk protection order is\njointly occupied by two or more parties, and a firearm, rifle or shotgun\nlocated during the execution of such order is owned by a person other\nthan the respondent, the court shall, upon a written finding that there\nis no legal impediment to the person other than the respondent's\npossession of such firearm, rifle or shotgun, order the return of such\nfirearm, rifle or shotgun to such lawful owner and inform such person of\ntheir obligation to safely store their firearm, rifle, or shotgun in\naccordance with section 265.45 of the penal law.\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.