Bill Text: NY A11379 | 2017-2018 | General Assembly | Introduced
Bill Title: Establishes extreme risk protection orders as a court-issued order of protection prohibiting a person from purchasing, possessing or attempting to purchase or possess a firearm, rifle or shotgun.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-10-19 - referred to codes [A11379 Detail]
Download: New_York-2017-A11379-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 11379 IN ASSEMBLY October 19, 2018 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Mosley) -- read once and referred to the Committee on Codes AN ACT to amend the civil practice law and rules and the penal law, in relation to establishing extreme risk protection orders as court-is- sued orders of protection prohibiting a person from purchasing, possessing or attempting to purchase or possess a firearm, rifle or shotgun The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The civil practice law and rules is amended by adding a new 2 article 63-A to read as follows: 3 ARTICLE 63-A 4 EXTREME RISK PROTECTION ORDERS 5 Section 6340. Definitions. 6 6341. Application for an extreme risk protection order. 7 6342. Issuance of a temporary extreme risk protection order. 8 6343. Issuance of a final extreme risk protection order. 9 6344. Surrender and removal of firearms, rifles and shotguns 10 pursuant to an extreme risk protection order. 11 6345. Request for renewal of an extreme risk protection order. 12 6346. Expiration of an extreme risk protection order. 13 6347. Effect of findings and determinations in subsequent 14 proceedings. 15 § 6340. Definitions. For the purposes of this article: 16 1. "Extreme risk protection order" means a court-issued order of 17 protection prohibiting a person from purchasing, possessing or attempt- 18 ing to purchase or possess a firearm, rifle or shotgun. 19 2. "Petitioner" means: (a) a police officer, as defined in section 20 1.20 of the criminal procedure law, or district attorney with jurisdic- 21 tion in the county or city where the person against whom the order is 22 sought resides; or (b) a family or household member, as defined in 23 subdivision two of section four hundred fifty-nine-a of the social 24 services law, of the person against whom the order is sought. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16460-01-8A. 11379 2 1 3. "Respondent" means the person against whom an extreme risk 2 protection order is or may be sought under this article. 3 4. "Possess" shall have the same meaning as defined in subdivision 4 eight of section 10.00 of the penal law. 5 § 6341. Application for an extreme risk protection order. In accord- 6 ance with this article, a petitioner may file a sworn application, and 7 accompanying supporting documentation, setting forth the facts and 8 circumstances justifying the issuance of an extreme risk protection 9 order. Such application and supporting documentation shall be filed in 10 the supreme court in the county in which the respondent resides. The 11 chief administrator of the courts shall adopt forms that may be used for 12 purposes of such applications and the court's consideration of such 13 applications. Such application form shall include inquiry as to whether 14 the petitioner knows, or has reason to believe, that the respondent 15 owns, possesses or has access to a firearm, rifle or shotgun and if so, 16 a request that the petitioner list or describe such firearms, rifles and 17 shotguns, and the respective locations thereof, with as much specificity 18 as possible. 19 § 6342. Issuance of a temporary extreme risk protection order. 1. 20 Upon application of a petitioner pursuant to this article, the court may 21 issue a temporary extreme risk protection order, ex parte or otherwise, 22 to prohibit the respondent from purchasing, possessing or attempting to 23 purchase or possess a firearm, rifle or shotgun, upon a finding that 24 there is probable cause to believe the respondent suffers from 25 Alzheimer's disease, a related disorder or dementia. Such application 26 for a temporary order shall be determined in writing on the same day the 27 application is filed. 28 2. In determining whether grounds for a temporary extreme risk 29 protection order exist, the court shall consider any relevant factors 30 including, but not limited to, the following acts of the respondent: 31 (a) a threat or act of violence or use of physical force directed 32 toward self, the petitioner, or another person; 33 (b) a violation or alleged violation of an order of protection; 34 (c) any pending charge or conviction for an offense involving the use 35 of a weapon; 36 (d) the reckless use, display or brandishing of a firearm, rifle or 37 shotgun; 38 (e) any history of a violation of an extreme risk protection order; 39 (f) evidence of recent or ongoing abuse of controlled substances or 40 alcohol; 41 (g) evidence of recent acquisition of a firearm, rifle, shotgun or 42 other deadly weapon or dangerous instrument, or any ammunition therefor; 43 or 44 (h) evidence of a third-party taking advantage of the respondent's 45 condition to acquire a firearm, rifle, shotgun or other deadly weapon or 46 dangerous instrument, or any ammunition therefor. 47 In considering the factors under this subdivision, the court shall 48 consider the time that has elapsed since the occurrence of such act or 49 acts and the age of the person at the time of the occurrence of such act 50 or acts. 51 For the purposes of this subdivision, "recent" means within the six 52 months prior to the date the petition was filed. 53 3. The application of the petitioner and supporting documentation, if 54 any, shall set forth the factual basis for the request and probable 55 cause for issuance of a temporary order. The court may conduct an exam-A. 11379 3 1 ination under oath of the petitioner and any witness the petitioner may 2 produce. 3 4. A temporary extreme risk protection order, if warranted, shall 4 issue in writing, and shall include: 5 (a) a statement of the grounds found for the issuance of the order; 6 (b) the date and time the order expires; 7 (c) the address of the court that issued the order; 8 (d) a statement to the respondent: (i) directing that the respondent 9 may not purchase, possess or attempt to purchase or possess a firearm, 10 rifle or shotgun while the order is in effect and that any firearm, 11 rifle or shotgun possessed by such respondent shall be promptly surren- 12 dered to any authorized law enforcement official in the same manner as 13 set forth in subdivision five of section 530.14 of the criminal proce- 14 dure law; 15 (ii) informing the respondent that the court will hold a hearing no 16 sooner than three nor more than six business days after service of the 17 temporary order, to determine whether a final extreme risk protection 18 order will be issued and the date, time and location of such hearing, 19 provided that the respondent shall be entitled to more than six days 20 upon request in order to prepare for the hearing; and (iii) informing 21 the respondent the he or she may seek the advice of an attorney and that 22 an attorney should be consulted promptly; and 23 (e) a form to be completed and executed by the respondent at the time 24 of service of the temporary extreme risk protection order which elicits 25 a list of all firearms, rifles and shotguns possessed by the respondent 26 and the particular location of each firearm, rifle or shotgun listed. 27 5. If the application for a temporary extreme risk protection order is 28 not granted, the court shall notify the petitioner and, unless the 29 application is voluntarily withdrawn by the petitioner, nonetheless 30 schedule a hearing on the application for a final extreme risk 31 protection order. Such hearing shall be scheduled to be held promptly, 32 but in any event no later than ten business days after the date on which 33 such application is served on the respondent, provided, however, that 34 the respondent may request, and the court may grant, additional time to 35 allow the respondent to prepare for the hearing. A notice of such hear- 36 ing shall be prepared by the court and shall include the date and time 37 of the hearing, the address of the court, and the subject of the hear- 38 ing. 39 6. (a) The court shall, in the manner specified in paragraph (b) of 40 this subdivision, arrange for prompt service of a copy of the temporary 41 extreme risk protection order, if any, the application therefor and, if 42 separately applied for or if a temporary extreme risk protection order 43 was not granted, the application for an extreme risk protection order, 44 any notice of hearing prepared by the court, along with any associated 45 papers including the petition and any supporting documentation, 46 provided, that the court may redact the address and contact information 47 of the petitioner from such application and papers where the court finds 48 that disclosure of such address or other contact information would pose 49 an unreasonable risk to the health or safety of the petitioner. 50 (b) The court shall provide copies of such documents to the appropri- 51 ate law enforcement agency serving the jurisdiction of the respondent's 52 residence with a direction that such documents be promptly served, at no 53 cost to the petitioner, on the respondent; provided, however, that the 54 petitioner may voluntarily arrange for service of copies of such order 55 and associated papers through a third party, such as a licensed process 56 server.A. 11379 4 1 7. (a) The court shall notify the division of state police, any other 2 law enforcement agency with jurisdiction, all applicable licensing offi- 3 cers, and the division of criminal justice services of the issuance of a 4 temporary extreme risk protection order and provide a copy of such order 5 no later than the next business day after issuing the order to such 6 persons or agencies. The court also shall promptly notify such persons 7 and agencies and provide a copy of any order amending or revoking such 8 protection order or restoring the respondent's ability to own or possess 9 firearms, rifles or shotguns no later than the next business day after 10 issuing the order to restore such right to the respondent. The court 11 also shall report such demographic data as required by the state divi- 12 sion of criminal justice services at the time such order is transmitted 13 thereto. Any notice or report submitted pursuant to this subdivision 14 shall be in an electronic format, in a manner prescribed by the division 15 of criminal justice services. 16 (b) Upon receiving notice of the issuance of a temporary extreme risk 17 protection order, the division of criminal justice services shall imme- 18 diately report the existence of such order to the federal bureau of 19 investigation to allow the bureau to identify persons prohibited from 20 purchasing firearms, rifles or shotguns. The division shall also imme- 21 diately report to the bureau the expiration of any such protection 22 order, any court order amending or revoking such protection order or 23 restoring the respondent's ability to purchase a firearm, rifle or shot- 24 gun. 25 8. A law enforcement officer serving a temporary extreme risk 26 protection order shall request that the respondent immediately surrender 27 to the officer all firearms, rifles and shotguns in the respondent's 28 possession and the officer shall conduct any search permitted by law for 29 such firearms. The law enforcement officer shall take possession of all 30 firearms, rifles and shotguns that are surrendered, that are in plain 31 sight, or that are discovered pursuant to a lawful search. As part of 32 the order, the court may also direct a police officer to search for 33 firearms, rifles and shotguns in the respondent's possession in a manner 34 consistent with the procedures of article six hundred ninety of the 35 criminal procedure law. 36 9. Upon issuance of a temporary extreme risk protection order, or upon 37 setting a hearing for a final extreme risk protection order where a 38 temporary order is denied or not requested, the court shall direct the 39 law enforcement agency having jurisdiction to conduct a background 40 investigation and report to the court and, subject to any appropriate 41 redactions to protect any person, each party regarding whether the 42 respondent: 43 (a) has any prior criminal conviction for an offense involving domes- 44 tic violence, use of a weapon, or other violence; 45 (b) has any criminal charge or violation currently pending against him 46 or her; 47 (c) is currently on parole or probation; 48 (d) possesses any registered firearms, rifles or shotguns; and 49 (e) has been, or is, subject to any order of protection or has 50 violated or allegedly violated any order of protection. 51 10. Upon issuance of a temporary extreme risk protection order, or 52 upon setting a hearing for a final extreme risk protection order where a 53 temporary order is denied or not requested, the court may order a 54 respondent within its jurisdiction to be examined by a physician 55 appointed or designated for that purpose by the court when such an exam- 56 ination will serve the purposes of this article, and the court mayA. 11379 5 1 remand any such person for physical examination to, or direct such 2 person to appear for such examination at: 3 (a) the department of health of the city of New York, if the court is 4 located in a county within the city of New York; 5 (b) a hospital maintained by the county in which the court is located, 6 if the court is in a county outside the city of New York; 7 (c) a hospital maintained by the state of New York; or 8 (d) a qualified private institution approved for such purpose by the 9 local social services department. 10 § 6343. Issuance of a final extreme risk protection order. 1. In 11 accordance with this article, no sooner than three business days nor 12 later than six business days after service of a temporary extreme risk 13 protection order and, alternatively, no later than ten business days 14 after service of an application under this article where no temporary 15 extreme risk protection order has been issued, the supreme court shall 16 hold a hearing to determine whether to issue a final extreme risk 17 protection order and, when applicable, whether a firearm, rifle or shot- 18 gun surrendered by, or removed from, the respondent should be returned 19 to the respondent. The respondent shall be entitled to more than six 20 business days if a temporary extreme risk protection order has been 21 issued and the respondent requests a reasonable period of additional 22 time to prepare for the hearing. Where no temporary order has been 23 issued, the respondent may request, and the court may grant, additional 24 time beyond the ten days to allow the respondent to prepare for the 25 hearing. 26 2. At the hearing pursuant to subdivision one of this section, the 27 petitioner shall have the burden of proving, by clear and convincing 28 evidence, that the respondent suffers from Alzheimer's disease, a 29 related disorder or dementia. The court may consider the petition and 30 any evidence submitted by the petitioner, any evidence submitted by the 31 respondent, any testimony presented, and the report of the relevant law 32 enforcement agency submitted pursuant to subdivision nine of section 33 sixty-three hundred forty-two of this article. The court shall also 34 consider the factors set forth in subdivision two of section sixty-three 35 hundred forty-two of this article. 36 3. (a) After the hearing pursuant to subdivision one of this section, 37 the court shall issue a written order granting or denying the extreme 38 risk protection order and setting forth the reasons for such determi- 39 nation. If the extreme risk protection order is granted, the court shall 40 direct service of such order in the manner and in accordance with the 41 protections for the petitioner set forth in subdivision six of section 42 sixty-three hundred forty-two of this article. 43 (b) Upon issuance of an extreme risk protection order: (i) any 44 firearm, rifle or shotgun removed pursuant to a temporary extreme risk 45 protection order or such extreme risk protection order shall be retained 46 by the law enforcement agency having jurisdiction for the duration of 47 the order, unless ownership of the firearm, rifle or shotgun is legally 48 transferred by the respondent to another individual permitted by law to 49 own and possess such firearm, rifle or shotgun; (ii) the supreme court 50 shall temporarily suspend any existing firearm license possessed by the 51 respondent and order the respondent temporarily ineligible for such a 52 license; (iii) the respondent shall be prohibited from purchasing or 53 possessing, or attempting to purchase or possess, a firearm, rifle or 54 shotgun; and (iv) the court shall direct the respondent to surrender any 55 firearm, rifle or shotgun in his or her possession in the same manner asA. 11379 6 1 set forth in subdivision five of section 530.14 of the criminal proce- 2 dure law. 3 (c) An extreme risk protection order issued in accordance with this 4 section shall extend, as specified by the court, for a period of up to 5 one year from the date of the issuance of such order; provided, however, 6 that if such order was immediately preceded by the issuance of a tempo- 7 rary extreme risk protection order, then the duration of the extreme 8 risk protection order shall be measured from the date of issuance of 9 such temporary extreme risk protection order. 10 (d) A law enforcement officer serving a final extreme risk protection 11 order shall request that the respondent immediately surrender to the 12 officer all firearms, rifles and shotguns in the respondent's possession 13 and the officer shall conduct any search permitted by law for such 14 firearms. The law enforcement officer shall take possession of all 15 firearms, rifles and shotguns that are surrendered, that are in plain 16 sight, or that are discovered pursuant to a lawful search. As part of 17 the order, the court may also direct a police officer to search for 18 firearms, rifles and shotguns in a respondent's possession consistent 19 with the procedures of article six hundred ninety of the criminal proce- 20 dure law. 21 4. (a) The court shall notify the division of state police, any other 22 law enforcement agency with jurisdiction, all applicable licensing offi- 23 cers, and the division of criminal justice services of the issuance of a 24 final extreme risk protection order and provide a copy of such order to 25 such persons and agencies no later than the next business day after 26 issuing the order. The court also shall promptly notify such persons and 27 agencies and provide a copy of any order amending or revoking such 28 protection order or restoring the respondent's ability to own or possess 29 firearms, rifles or shotguns no later than the next business day after 30 issuing the order to restore such right to the respondent. Any notice or 31 report submitted pursuant to this subdivision shall be in an electronic 32 format, in a manner prescribed by the division of criminal justice 33 services. 34 (b) Upon receiving notice of the issuance of a final extreme risk 35 protection order, the division of criminal justice services shall imme- 36 diately report the existence of such order to the federal bureau of 37 investigation to allow the bureau to identify persons prohibited from 38 purchasing firearms, rifles or shotguns. The division shall also imme- 39 diately report to the bureau the expiration of such protection order and 40 any court order amending or revoking such protection order or restoring 41 the respondent's ability to purchase a firearm, rifle or shotgun. 42 5. (a) If, in accordance with a temporary extreme risk protection 43 order, a firearm, rifle or shotgun has been surrendered by or removed 44 from the respondent, and the supreme court subsequently finds that the 45 petitioner has not met the required standard of proof, the court's find- 46 ing shall include a written order, issued to all parties, directing that 47 any firearm, rifle or shotgun surrendered or removed pursuant to such 48 temporary order shall be returned to the respondent, upon a written 49 finding that there is no legal impediment to the respondent's possession 50 of such firearm, rifle or shotgun. 51 (b) If any other person demonstrates that he or she is the lawful 52 owner of any firearm, rifle or shotgun surrendered or removed pursuant 53 to a protection order issued in accordance with this article, and 54 provided that the court has made a written finding that there is no 55 legal impediment to the person's possession of a surrendered or removed 56 firearm, rifle or shotgun, the court shall direct that such firearm,A. 11379 7 1 rifle or shotgun be returned to such lawful owner and inform such person 2 of the obligation to safely store such firearm, rifle, or shotgun in 3 accordance with section 265.45 of the penal law. 4 6. The respondent shall be notified on the record and in writing by 5 the court that he or she may submit one written request, at any time 6 during the effective period of an extreme risk protection order, for a 7 hearing setting aside any portion of such order. The request shall be 8 submitted in substantially the same form and manner as prescribed by the 9 chief administrator of the courts. Upon such request, the court shall 10 promptly hold a hearing, in accordance with this article, after provid- 11 ing reasonable notice to the petitioner. The respondent shall bear the 12 burden to prove, by clear and convincing evidence, any change of circum- 13 stances that may justify a change to the order. 14 § 6344. Surrender and removal of firearms, rifles and shotguns pursu- 15 ant to an extreme risk protection order. 1. When a law enforcement offi- 16 cer takes any firearm, rifle or shotgun pursuant to a temporary extreme 17 risk protection order or a final extreme risk protection order, the 18 officer shall give to the person from whom such firearm, rifle or shot- 19 gun is taken a receipt or voucher for the property taken, describing the 20 property in detail. In the absence of a person, the officer shall leave 21 the receipt or voucher in the place where the property was found, mail a 22 copy of the receipt or voucher, retaining proof of mailing, to the last 23 known address of the respondent and, if different, the owner of the 24 firearm, rifle or shotgun, and file a copy of such receipt or voucher 25 with the court. All firearms, rifles and shotguns in the possession of a 26 law enforcement official pursuant to this article shall be subject to 27 the provisions of applicable law, including but not limited to subdivi- 28 sion six of section 400.05 of the penal law; provided, however, that any 29 such firearm, rifle or shotgun shall be retained and not disposed of by 30 the law enforcement agency for at least two years unless legally trans- 31 ferred by the respondent to an individual permitted by law to own and 32 possess such firearm, rifle or shotgun. 33 2. If the location to be searched during the execution of a temporary 34 extreme risk protection order or extreme risk protection order is joint- 35 ly occupied by two or more parties, and a firearm, rifle or shotgun 36 located during the execution of such order is owned by a person other 37 than the respondent, the court shall, upon a written finding that there 38 is no legal impediment to the person other than the respondent's 39 possession of such firearm, rifle or shotgun, order the return of such 40 firearm, rifle or shotgun to such lawful owner and inform such person of 41 their obligation to safely store their firearm, rifle, or shotgun in 42 accordance with section 265.45 of the penal law. 43 § 6345. Request for renewal of an extreme risk protection order. 1. 44 If a petitioner believes a person subject to an extreme risk protection 45 order continues to be likely to engage in conduct that would result in 46 serious harm to himself, herself, or others, as defined in paragraph one 47 or two of subdivision (a) of section 9.39 of the mental hygiene law, 48 such petitioner may, at any time within sixty days prior to the expira- 49 tion of such existing extreme risk protection order, initiate a request 50 for a renewal of such order, setting forth the facts and circumstances 51 necessitating the request. The chief administrator of the courts shall 52 adopt forms that may be used for purposes of such applications and the 53 court's consideration of such applications. The court may issue a tempo- 54 rary extreme risk protection order in accordance with section sixty- 55 three hundred forty-two of this article, during the period that aA. 11379 8 1 request for renewal of an extreme risk protection order is under consid- 2 eration pursuant to this section. 3 2. A hearing held pursuant to this section shall be conducted in the 4 supreme court, in accordance with section sixty-three hundred forty- 5 three of this article, to determine if a request for renewal of the 6 order shall be granted. The respondent shall be served with written 7 notice of an application for renewal a reasonable time before the hear- 8 ing, and shall be afforded an opportunity to fully participate in the 9 hearing. The court shall direct service of such application and the 10 accompanying papers in the manner and in accordance with the protections 11 for the petitioner set forth in subdivision six of section sixty-three 12 hundred forty-two of this article. 13 § 6346. Expiration of an extreme risk protection order. 1. A 14 protection order issued pursuant to this article, and all records of any 15 proceedings conducted pursuant to this article, shall be sealed upon 16 expiration of such order and the clerk of the court wherein such 17 proceedings were conducted shall immediately notify the commissioner of 18 the division of criminal justice services, the heads of all appropriate 19 police departments, applicable licensing officers, and all other appro- 20 priate law enforcement agencies that the order has expired and that the 21 record of such protection order shall be sealed and not be made avail- 22 able to any person or public or private entity, except that such records 23 shall be made available to: 24 (a) the respondent or the respondent's designated agent; 25 (b) courts in the unified court system; 26 (c) police forces and departments having responsibility for enforce- 27 ment of the general criminal laws of the state; 28 (d) any state or local officer or agency with responsibility for the 29 issuance of licenses to possess a firearm, rifle or shotgun, when the 30 respondent has made application for such a license; and 31 (e) any prospective employer of a police officer or peace officer as 32 those terms are defined in subdivisions thirty-three and thirty-four of 33 section 1.20 of the criminal procedure law, in relation to an applica- 34 tion for employment as a police officer or peace officer; provided, 35 however, that every person who is an applicant for the position of 36 police officer or peace officer shall be furnished with a copy of all 37 records obtained under this subparagraph and afforded an opportunity to 38 make an explanation thereto. 39 2. Upon expiration of a protection order issued pursuant to this arti- 40 cle and upon written application of the respondent who is the subject of 41 such order, with notice and opportunity to be heard to the petitioner 42 and every licensing officer responsible for issuance of a firearm 43 license to the subject of the order pursuant to article four hundred of 44 the penal law, and upon a written finding that there is no legal imped- 45 iment to the respondent's possession of a surrendered firearm, rifle or 46 shotgun, the court shall order the return of a firearm, rifle or shotgun 47 not otherwise disposed of in accordance with subdivision one of section 48 sixty-three hundred forty-four of this article. When issuing such order 49 in connection with any firearm subject to a license requirement under 50 article four hundred of the penal law, if the licensing officer informs 51 the court that he or she will seek to revoke the license, the order 52 shall be stayed by the court until the conclusion of any license revoca- 53 tion proceeding. 54 § 6347. Effect of findings and determinations in subsequent 55 proceedings. Notwithstanding any contrary claim based on common law or 56 a provision of any other law, no finding or determination made pursuantA. 11379 9 1 to this article shall be interpreted as binding, or having collateral 2 estoppel or similar effect, in any other action or proceeding, or with 3 respect to any other determination or finding, in any court, forum or 4 administrative proceeding. 5 § 2. Section 265.45 of the penal law, as amended by section 3 of part 6 FF of chapter 57 of the laws of 2013, is amended to read as follows: 7 § 265.45 Safe storage of rifles, shotguns, and firearms. 8 No person who owns or is custodian of a rifle, shotgun or firearm who 9 resides with an individual who such person knows or has reason to know 10 is prohibited from possessing a firearm pursuant to 18 U.S.C. § 922(g) 11 (1), (4), (8) or (9), or pursuant to a temporary or final extreme risk 12 protection order issued under article sixty-three-A of the civil prac- 13 tice law and rules, shall store or otherwise leave such rifle, shotgun 14 or firearm out of his or her immediate possession or control without 15 having first securely locked such rifle, shotgun or firearm in an appro- 16 priate safe storage depository or rendered it incapable of being fired 17 by use of a gun locking device appropriate to that weapon. For purposes 18 of this section "safe storage depository" shall mean a safe or other 19 secure container which, when locked, is incapable of being opened with- 20 out the key, combination or other unlocking mechanism and is capable of 21 preventing an unauthorized person from obtaining access to and 22 possession of the weapon contained therein. With respect to a person who 23 is prohibited from possessing a firearm pursuant to 18 USC § 922(g)(9), 24 for purposes of this section, this section applies only if such person 25 has been convicted of a crime included in subdivision one of section 26 370.15 of the criminal procedure law and such gun is possessed within 27 five years from the later of the date of conviction or completion of 28 sentence. Nothing in this section shall be deemed to affect, impair or 29 supersede any special or local act relating to the safe storage of 30 rifles, shotguns or firearms which impose additional requirements on the 31 owner or custodian of such weapons. 32 A violation of this section shall constitute a class A misdemeanor. 33 § 3. This act shall take effect on the one hundred eightieth day after 34 it shall have become a law.
