S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4389
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    March 18, 2015
                                      ___________
       Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Judiciary
       AN ACT to amend the family  court  act,  in  relation  to  gun  violence
         restraining orders
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Article 12 of the family court act  is  renumbered  article
    2  13,  section  1211  is  renumbered  section 1311 and a new article 12 is
    3  added to read as follows:
    4                                 ARTICLE 12
    5                       GUN VIOLENCE RESTRAINING ORDER
    6  SECTION 1211. GENERAL.
    7          1212. TEMPORARY EMERGENCY GUN VIOLENCE RESTRAINING ORDER.
    8          1213. EX PARTE GUN VIOLENCE RESTRAINING ORDER.
    9          1214. GUN VIOLENCE RESTRAINING ORDER  ISSUED  AFTER  NOTICE  AND
   10                  HEARING.
   11          1215. OFFENSES.
   12    S  1211.  GENERAL. 1. A GUN VIOLENCE RESTRAINING ORDER IS AN ORDER, IN
   13  WRITING, SIGNED BY THE COURT, PROHIBITING AND ENJOINING A  NAMED  PERSON
   14  FROM  HAVING  IN  HIS  OR  HER  CUSTODY  OR CONTROL, OWNING, PURCHASING,
   15  POSSESSING, OR RECEIVING ANY FIREARMS OR AMMUNITION. THIS ARTICLE ESTAB-
   16  LISHES A CIVIL RESTRAINING ORDER PROCESS TO ACCOMPLISH THAT PURPOSE.
   17    2. THE OFFICE OF COURT ADMINISTRATION SHALL PRESCRIBE THE FORM OF  THE
   18  PETITIONS  AND  ORDERS AND ANY OTHER DOCUMENTS, AND SHALL PROMULGATE ANY
   19  RULES OF COURT, NECESSARY TO IMPLEMENT THIS ARTICLE.
   20    3. A PETITION FOR A GUN VIOLENCE RESTRAINING ORDER SHALL DESCRIBE  THE
   21  NUMBER,  TYPES,  AND  LOCATIONS OF ANY FIREARMS AND AMMUNITION PRESENTLY
   22  BELIEVED BY THE PETITIONER TO BE POSSESSED OR CONTROLLED BY THE  SUBJECT
   23  OF THE PETITION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04326-01-5
       S. 4389                             2
    1    4.  NOTHING  IN  THIS  ARTICLE  SHALL  BE INTERPRETED TO REQUIRE A LAW
    2  ENFORCEMENT AGENCY OR A LAW ENFORCEMENT OFFICER TO SEEK A  GUN  VIOLENCE
    3  RESTRAINING  ORDER IN ANY CASE, INCLUDING, BUT NOT LIMITED TO, IN A CASE
    4  IN WHICH THE AGENCY OR OFFICER CONCLUDES, AFTER INVESTIGATION, THAT  THE
    5  CRITERIA FOR ISSUANCE OF A GUN VIOLENCE RESTRAINING ORDER ARE NOT SATIS-
    6  FIED.
    7    5.  PRIOR  TO A HEARING ON THE ISSUANCE, RENEWAL, OR TERMINATION OF AN
    8  ORDER UNDER SECTION TWELVE HUNDRED THIRTEEN OR TWELVE  HUNDRED  FOURTEEN
    9  OF  THIS  ARTICLE  THE  COURT  SHALL  ENSURE  THAT  A  SEARCH WARRANT IS
   10  CONDUCTED AND SHALL KEEP INFORMATION OBTAINED FROM  A  SEARCH  CONDUCTED
   11  PURSUANT TO THIS SECTION CONFIDENTIAL.
   12    6.  (A)  THE  COURT  SHALL  NOTIFY  THE  DIVISION  OF CRIMINAL JUSTICE
   13  SERVICES WHEN A GUN  VIOLENCE  RESTRAINING  ORDER  HAS  BEEN  ISSUED  OR
   14  RENEWED  UNDER THIS ARTICLE NO LATER THAN ONE COURT DAY AFTER ISSUING OR
   15  RENEWING THE ORDER.
   16    (B) THE COURT SHALL NOTIFY THE DIVISION OF CRIMINAL  JUSTICE  SERVICES
   17  WHEN  A  GUN VIOLENCE RESTRAINING ORDER HAS BEEN DISSOLVED OR TERMINATED
   18  UNDER THIS ARTICLE NO LATER THAN FIVE COURT  DAYS  AFTER  DISSOLVING  OR
   19  TERMINATING THE ORDER. UPON RECEIPT OF EITHER A NOTICE OF DISSOLUTION OR
   20  A  NOTICE  OF TERMINATION OF A GUN VIOLENCE RESTRAINING ORDER, THE DIVI-
   21  SION OF CRIMINAL JUSTICE SERVICES SHALL, WITHIN FIFTEEN  DAYS,  DOCUMENT
   22  THE UPDATED STATUS OF ANY ORDER ISSUED UNDER THIS ARTICLE.
   23    (C)  THE  NOTICES REQUIRED TO BE SUBMITTED TO THE DIVISION OF CRIMINAL
   24  JUSTICE SERVICES PURSUANT TO THIS SECTION SHALL BE SUBMITTED IN AN ELEC-
   25  TRONIC FORMAT, IN A MANNER PRESCRIBED BY THE DIVISION.
   26    (D) WHEN NOTIFYING THE DIVISION OF CRIMINAL JUSTICE SERVICES  PURSUANT
   27  TO PARAGRAPH (A) OR (B) OF THIS SUBDIVISION, THE COURT SHALL INDICATE IN
   28  THE  NOTICE  WHETHER  THE PERSON SUBJECT TO THE GUN VIOLENCE RESTRAINING
   29  ORDER WAS PRESENT IN COURT TO BE INFORMED OF THE CONTENTS OF  THE  ORDER
   30  OR  IF THE PERSON FAILED TO APPEAR. THE PERSON'S PRESENCE IN COURT SHALL
   31  CONSTITUTE PROOF OF SERVICE OF NOTICE OF THE TERMS OF THE ORDER.
   32    (E) (1) WITHIN ONE BUSINESS DAY OF SERVICE, A LAW ENFORCEMENT  OFFICER
   33  WHO  SERVED  A  GUN VIOLENCE RESTRAINING ORDER SHALL SUBMIT THE PROOF OF
   34  SERVICE DIRECTLY INTO THE DATABASE ESTABLISHED UNDER SECTION TWO HUNDRED
   35  TWENTY-ONE-A OF THE EXECUTIVE LAW, INCLUDING HIS OR  HER  NAME  AND  LAW
   36  ENFORCEMENT  AGENCY,  AND  SHALL  TRANSMIT THE ORIGINAL PROOF OF SERVICE
   37  FORM TO THE ISSUING COURT.
   38    (2) WITHIN ONE BUSINESS DAY OF RECEIPT OF PROOF OF SERVICE BY A PERSON
   39  OTHER THAN A LAW ENFORCEMENT OFFICER,  THE  CLERK  OF  THE  COURT  SHALL
   40  SUBMIT THE PROOF OF SERVICE OF A GUN VIOLENCE RESTRAINING ORDER DIRECTLY
   41  INTO  THE DATABASE ESTABLISHED UNDER SECTION TWO HUNDRED TWENTY-ONE-A OF
   42  THE EXECUTIVE LAW, INCLUDING THE NAME  OF  THE  PERSON  WHO  SERVED  THE
   43  ORDER.  IF THE COURT IS UNABLE TO PROVIDE THIS NOTIFICATION TO THE DIVI-
   44  SION OF CRIMINAL JUSTICE SERVICES BY ELECTRONIC TRANSMISSION, THE  COURT
   45  SHALL,  WITHIN ONE BUSINESS DAY OF RECEIPT, TRANSMIT A COPY OF THE PROOF
   46  OF SERVICE TO A LOCAL LAW ENFORCEMENT AGENCY. THE LOCAL LAW  ENFORCEMENT
   47  AGENCY  SHALL  SUBMIT  THE  PROOF  OF SERVICE DIRECTLY INTO THE REGISTRY
   48  ESTABLISHED UNDER SECTION TWO HUNDRED TWENTY-ONE-A OF THE EXECUTIVE  LAW
   49  WITHIN ONE BUSINESS DAY OF RECEIPT FROM THE COURT.
   50    7.  (A)  A  PERSON  SUBJECT TO A GUN VIOLENCE RESTRAINING ORDER ISSUED
   51  PURSUANT TO THIS ARTICLE SHALL  NOT  HAVE  IN  HIS  OR  HER  CUSTODY  OR
   52  CONTROL,  OWN,  PURCHASE, POSSESS, OR RECEIVE ANY FIREARMS OR AMMUNITION
   53  WHILE THAT ORDER IS IN EFFECT.
   54    (B) (1) UPON ISSUANCE OF  A  GUN  VIOLENCE  RESTRAINING  ORDER  ISSUED
   55  PURSUANT TO THIS ARTICLE, THE COURT SHALL ORDER THE RESTRAINED PERSON TO
   56  SURRENDER  TO  THE LOCAL LAW ENFORCEMENT AGENCY ALL FIREARMS AND AMMUNI-
       S. 4389                             3
    1  TION IN THE  RESTRAINED  PERSON'S  CUSTODY  OR  CONTROL,  OR  WHICH  THE
    2  RESTRAINED PERSON POSSESSES OR OWNS.
    3    (2)  THE  SURRENDER ORDERED PURSUANT TO SUBPARAGRAPH ONE OF THIS PARA-
    4  GRAPH SHALL OCCUR BY IMMEDIATELY SURRENDERING ALL FIREARMS  AND  AMMUNI-
    5  TION  IN  A SAFE MANNER, UPON REQUEST OF ANY LAW ENFORCEMENT OFFICER, TO
    6  THE CONTROL OF THE OFFICER, AFTER  BEING  SERVED  WITH  THE  RESTRAINING
    7  ORDER.  A  LAW  ENFORCEMENT  OFFICER  SERVING A GUN VIOLENCE RESTRAINING
    8  ORDER THAT INDICATES THAT THE RESTRAINED PERSON POSSESSES  ANY  FIREARMS
    9  OR  AMMUNITION  SHALL  REQUEST THAT ALL FIREARMS AND AMMUNITION BE IMME-
   10  DIATELY SURRENDERED. ALTERNATIVELY, IF NO  REQUEST  IS  MADE  BY  A  LAW
   11  ENFORCEMENT  OFFICER, THE SURRENDER SHALL OCCUR WITHIN TWENTY-FOUR HOURS
   12  OF BEING SERVED WITH THE ORDER, BY EITHER SURRENDERING ALL FIREARMS  AND
   13  AMMUNITION  IN A SAFE MANNER TO THE CONTROL OF THE LOCAL LAW ENFORCEMENT
   14  AGENCY, OR BY SELLING ALL FIREARMS AND  AMMUNITION  TO  A  LICENSED  GUN
   15  DEALER.  THE  LAW  ENFORCEMENT  OFFICER  OR  LICENSED  GUN DEALER TAKING
   16  POSSESSION OF ANY FIREARMS OR AMMUNITION PURSUANT  TO  THIS  SUBDIVISION
   17  SHALL ISSUE A RECEIPT TO THE PERSON SURRENDERING THE FIREARM OR FIREARMS
   18  OR  AMMUNITION  OR  BOTH  AT  THE TIME OF SURRENDER. A PERSON ORDERED TO
   19  SURRENDER ALL FIREARMS  AND  AMMUNITION  PURSUANT  TO  THIS  SUBDIVISION
   20  SHALL,  WITHIN  FORTY-EIGHT  HOURS AFTER BEING SERVED WITH THE ORDER, DO
   21  BOTH OF THE FOLLOWING:
   22    (A) FILE WITH THE COURT THAT ISSUED THE GUN VIOLENCE RESTRAINING ORDER
   23  THE ORIGINAL RECEIPT SHOWING  ALL  FIREARMS  AND  AMMUNITION  HAVE  BEEN
   24  SURRENDERED  TO A LOCAL LAW ENFORCEMENT AGENCY OR SOLD TO A LICENSED GUN
   25  DEALER. FAILURE TO TIMELY FILE A RECEIPT SHALL CONSTITUTE A VIOLATION OF
   26  THE RESTRAINING ORDER.
   27    (B) FILE A COPY OF THE RECEIPT DESCRIBED IN CLAUSE (A) OF THIS SUBPAR-
   28  AGRAPH WITH THE LAW ENFORCEMENT AGENCY  THAT  SERVED  THE  GUN  VIOLENCE
   29  RESTRAINING  ORDER.   FAILURE TO TIMELY FILE A COPY OF THE RECEIPT SHALL
   30  CONSTITUTE A VIOLATION OF THE RESTRAINING ORDER.
   31    (C) (1) ANY FIREARMS OR AMMUNITION SURRENDERED TO  A  LAW  ENFORCEMENT
   32  OFFICER  OR  LAW  ENFORCEMENT  AGENCY  PURSUANT TO THIS SECTION SHALL BE
   33  RETAINED BY THE LAW ENFORCEMENT AGENCY UNTIL THE EXPIRATION OF  ANY  GUN
   34  VIOLENCE  RESTRAINING  ORDER THAT HAS BEEN ISSUED AGAINST THE RESTRAINED
   35  PERSON.  UPON EXPIRATION OF ANY ORDER, ANY FIREARMS OR AMMUNITION  SHALL
   36  BE RETURNED TO THE RESTRAINED PERSON.
   37    (2)  A  RESTRAINED PERSON WHO OWNS ANY FIREARMS OR AMMUNITION THAT ARE
   38  IN THE CUSTODY OF A LAW ENFORCEMENT AGENCY PURSUANT TO THIS SECTION  AND
   39  WHO DOES NOT WISH TO HAVE THE FIREARM OR FIREARMS OR AMMUNITION RETURNED
   40  IS ENTITLED TO SELL OR TRANSFER TITLE OF ANY FIREARMS OR AMMUNITION TO A
   41  LICENSED  DEALER PROVIDED THAT THE FIREARM OR FIREARMS OR AMMUNITION ARE
   42  OTHERWISE LEGAL TO OWN OR POSSESS AND THE  RESTRAINED  PERSON  OTHERWISE
   43  HAS RIGHT TO TITLE OF THE FIREARM OR FIREARMS OR AMMUNITION.
   44    (D)  IF  A PERSON OTHER THAN THE RESTRAINED PERSON CLAIMS TITLE TO ANY
   45  FIREARMS OR AMMUNITION SURRENDERED PURSUANT TO THIS SECTION, AND  HE  OR
   46  SHE  IS  DETERMINED BY THE LAW ENFORCEMENT AGENCY TO BE THE LAWFUL OWNER
   47  OF THE FIREARM OR FIREARMS OR AMMUNITION, THE  FIREARM  OR  FIREARMS  OR
   48  AMMUNITION SHALL BE RETURNED TO HIM OR HER.
   49    S  1212.  TEMPORARY  EMERGENCY  GUN VIOLENCE RESTRAINING ORDER. 1.   A
   50  TEMPORARY EMERGENCY GUN VIOLENCE RESTRAINING ORDER MAY BE ISSUED  ON  AN
   51  EX PARTE BASIS ONLY IF A LAW ENFORCEMENT OFFICER ASSERTS, AND A JUDICIAL
   52  OFFICER  FINDS,  THAT  THERE  IS REASONABLE CAUSE TO BELIEVE BOTH OF THE
   53  FOLLOWING:
   54    (A) THE SUBJECT OF THE PETITION POSES AN IMMEDIATE AND PRESENT  DANGER
   55  OF  CAUSING PERSONAL INJURY TO HIMSELF, HERSELF, OR ANOTHER BY HAVING IN
       S. 4389                             4
    1  HIS OR HER  CUSTODY  OR  CONTROL,  OWNING,  PURCHASING,  POSSESSING,  OR
    2  RECEIVING A FIREARM; AND
    3    (B)  A TEMPORARY EMERGENCY GUN VIOLENCE RESTRAINING ORDER IS NECESSARY
    4  TO PREVENT PERSONAL INJURY TO THE SUBJECT OF  THE  PETITION  OR  ANOTHER
    5  BECAUSE  LESS  RESTRICTIVE ALTERNATIVES EITHER HAVE BEEN TRIED AND FOUND
    6  TO BE INEFFECTIVE, OR HAVE BEEN DETERMINED TO BE INADEQUATE OR  INAPPRO-
    7  PRIATE FOR THE CIRCUMSTANCES OF THE SUBJECT OF THE PETITION.
    8    2.  A TEMPORARY EMERGENCY GUN VIOLENCE RESTRAINING ORDER ISSUED PURSU-
    9  ANT TO THIS SECTION SHALL PROHIBIT THE  SUBJECT  OF  THE  PETITION  FROM
   10  HAVING IN HIS OR HER CUSTODY OR CONTROL, OWNING, PURCHASING, POSSESSING,
   11  OR RECEIVING, OR ATTEMPTING TO PURCHASE OR RECEIVE, A FIREARM OR AMMUNI-
   12  TION,  AND  SHALL  EXPIRE  TWENTY-ONE  DAYS  FROM  THE DATE THE ORDER IS
   13  ISSUED.
   14    3. A TEMPORARY EMERGENCY GUN VIOLENCE RESTRAINING ORDER IS VALID  ONLY
   15  IF IT IS ISSUED BY A JUDICIAL OFFICER AFTER MAKING THE FINDINGS REQUIRED
   16  BY SUBDIVISION ONE OF THIS SECTION AND PURSUANT TO A SPECIFIC REQUEST BY
   17  A LAW ENFORCEMENT OFFICER.
   18    4.  A  TEMPORARY EMERGENCY GUN VIOLENCE RESTRAINING ORDER ISSUED UNDER
   19  THIS SECTION SHALL INCLUDE ALL OF THE FOLLOWING:
   20    (A) A STATEMENT OF THE GROUNDS SUPPORTING THE ISSUANCE OF THE ORDER.
   21    (B) THE DATE AND TIME THE ORDER EXPIRES.
   22    (C) THE ADDRESS OF THE SUPERIOR COURT FOR  THE  COUNTY  IN  WHICH  THE
   23  RESTRAINED PARTY RESIDES; AND
   24    (D)  THE  FOLLOWING  STATEMENT:  "TO THE RESTRAINED PERSON: THIS ORDER
   25  WILL LAST UNTIL THE DATE AND TIME  NOTED  ABOVE.  YOU  ARE  REQUIRED  TO
   26  SURRENDER ALL FIREARMS AND AMMUNITION THAT YOU OWN OR POSSESS IN ACCORD-
   27  ANCE  WITH  ARTICLE  12  OF THE FAMILY COURT ACT AND YOU MAY NOT HAVE IN
   28  YOUR CUSTODY OR CONTROL, OWN, PURCHASE, POSSESS, OR RECEIVE, OR  ATTEMPT
   29  TO  PURCHASE  OR RECEIVE A FIREARM OR AMMUNITION, WHILE THIS ORDER IS IN
   30  EFFECT. HOWEVER, A MORE PERMANENT GUN VIOLENCE RESTRAINING ORDER MAY  BE
   31  OBTAINED  FROM  THE  COURT. YOU MAY SEEK THE ADVICE OF AN ATTORNEY AS TO
   32  ANY MATTER CONNECTED WITH THE ORDER. THE ATTORNEY  SHOULD  BE  CONSULTED
   33  PROMPTLY  SO  THAT  THE  ATTORNEY MAY ASSIST YOU IN ANY MATTER CONNECTED
   34  WITH THE ORDER."
   35    5. A LAW ENFORCEMENT OFFICER WHO REQUESTS A  TEMPORARY  EMERGENCY  GUN
   36  VIOLENCE RESTRAINING ORDER SHALL DO ALL OF THE FOLLOWING:
   37    (A)  IF  THE  ORDER  IS  OBTAINED ORALLY, MEMORIALIZE THE ORDER OF THE
   38  COURT ON THE FORM APPROVED BY THE OFFICE OF COURT ADMINISTRATION;
   39    (B) SERVE THE ORDER ON THE RESTRAINED PERSON, IF THE RESTRAINED PERSON
   40  CAN REASONABLY BE LOCATED;
   41    (C) FILE A COPY OF THE ORDER WITH THE COURT  AS  SOON  AS  PRACTICABLE
   42  AFTER ISSUANCE;
   43    (D)  HAVE  THE  ORDER  ENTERED  INTO  THE COMPUTER DATABASE SYSTEM FOR
   44  PROTECTIVE  ORDERS  MAINTAINED  BY  THE  DIVISION  OF  CRIMINAL  JUSTICE
   45  SERVICES.
   46    6.  (A)  (1) EXCEPT AS PROVIDED IN SUBPARAGRAPH TWO OF THIS PARAGRAPH,
   47  THE PETITION FOR A TEMPORARY EMERGENCY GUN  VIOLENCE  RESTRAINING  ORDER
   48  SHALL BE OBTAINED BY SUBMITTING A WRITTEN PETITION TO THE COURT.
   49    (2)  IF TIME AND CIRCUMSTANCES DO NOT PERMIT THE SUBMISSION OF A WRIT-
   50  TEN PETITION, A TEMPORARY EMERGENCY GUN VIOLENCE RESTRAINING  ORDER  MAY
   51  BE ISSUED IN ACCORDANCE WITH THE PROCEDURES FOR OBTAINING AN ORAL SEARCH
   52  WARRANT.
   53    (B)  THE  PRESIDING  JUDGE  OF  THE SUPREME COURT OF EACH COUNTY SHALL
   54  DESIGNATE AT LEAST ONE JUDGE, COMMISSIONER,  OR  REFEREE  WHO  SHALL  BE
   55  REASONABLY AVAILABLE TO ISSUE TEMPORARY EMERGENCY GUN VIOLENCE RESTRAIN-
   56  ING ORDERS WHEN THE FAMILY COURT IS NOT IN SESSION.
       S. 4389                             5
    1    S  1213.  EX PARTE GUN VIOLENCE RESTRAINING ORDER. 1. (A) AN IMMEDIATE
    2  FAMILY MEMBER OF A PERSON OR A LAW ENFORCEMENT OFFICER MAY FILE A  PETI-
    3  TION  REQUESTING THAT THE COURT ISSUE AN EX PARTE GUN VIOLENCE RESTRAIN-
    4  ING ORDER ENJOINING THE SUBJECT OF THE PETITION FROM HAVING  IN  HIS  OR
    5  HER  CUSTODY  OR CONTROL, OWNING, PURCHASING, POSSESSING, OR RECEIVING A
    6  FIREARM OR AMMUNITION.
    7    (B) FOR PURPOSES OF THIS  SECTION,  "IMMEDIATE  FAMILY  MEMBER"  MEANS
    8  PERSONS RELATED BY BLOOD, MARRIAGE OR LEGAL ADOPTION.
    9    (C)  A  COURT  MAY ISSUE AN EX PARTE GUN VIOLENCE RESTRAINING ORDER IF
   10  THE PETITION, SUPPORTED BY AN AFFIDAVIT MADE IN WRITING  AND  SIGNED  BY
   11  THE PETITIONER UNDER OATH, OR AN ORAL STATEMENT TAKEN PURSUANT TO SUBDI-
   12  VISION  TWO  OF  THIS SECTION AND ANY ADDITIONAL INFORMATION PROVIDED TO
   13  THE COURT SHOWS THAT THERE IS A SUBSTANTIAL LIKELIHOOD THAT BOTH OF  THE
   14  FOLLOWING ARE TRUE:
   15    (1)  THE  SUBJECT  OF  THE PETITION POSES A SIGNIFICANT DANGER, IN THE
   16  NEAR FUTURE, OF PERSONAL INJURY  TO  HIMSELF,  HERSELF,  OR  ANOTHER  BY
   17  HAVING IN HIS OR HER CUSTODY OR CONTROL, OWNING, PURCHASING, POSSESSING,
   18  OR  RECEIVING  A FIREARM AS DETERMINED BY CONSIDERING THE FACTORS LISTED
   19  IN SUBDIVISION TWO OF THIS SECTION.
   20    (2) AN EX PARTE GUN VIOLENCE RESTRAINING ORDER IS NECESSARY TO PREVENT
   21  PERSONAL INJURY TO THE SUBJECT OF THE PETITION OR ANOTHER  BECAUSE  LESS
   22  RESTRICTIVE ALTERNATIVES EITHER HAVE BEEN TRIED AND FOUND TO BE INEFFEC-
   23  TIVE,  OR  ARE  INADEQUATE OR INAPPROPRIATE FOR THE CIRCUMSTANCES OF THE
   24  SUBJECT OF THE PETITION.
   25    (D) AN AFFIDAVIT SUPPORTING A PETITION FOR THE ISSUANCE OF AN EX PARTE
   26  GUN VIOLENCE RESTRAINING ORDER SHALL SET  FORTH  THE  FACTS  TENDING  TO
   27  ESTABLISH  THE GROUNDS OF THE PETITION, OR THE REASON FOR BELIEVING THAT
   28  THEY EXIST.
   29    (E) AN EX PARTE ORDER UNDER THIS SECTION SHALL BE ISSUED OR DENIED  ON
   30  THE  SAME  DAY  THAT  THE PETITION IS SUBMITTED TO THE COURT, UNLESS THE
   31  PETITION IS FILED TOO LATE IN THE DAY TO  PERMIT  EFFECTIVE  REVIEW,  IN
   32  WHICH  CASE THE ORDER SHALL BE ISSUED OR DENIED ON THE NEXT DAY OF JUDI-
   33  CIAL BUSINESS IN SUFFICIENT TIME FOR THE ORDER TO BE FILED THAT DAY WITH
   34  THE CLERK OF THE COURT.
   35    2. (A) (1)  THE  COURT,  BEFORE  ISSUING  AN  EX  PARTE  GUN  VIOLENCE
   36  RESTRAINING ORDER, SHALL EXAMINE ON OATH, THE PETITIONER AND ANY WITNESS
   37  THE PETITIONER MAY PRODUCE.
   38    (2) IN LIEU OF EXAMINING THE PETITIONER AND ANY WITNESS THE PETITIONER
   39  MAY  PRODUCE,  THE  COURT  MAY REQUIRE THE PETITIONER AND ANY WITNESS TO
   40  SUBMIT A WRITTEN AFFIDAVIT SIGNED UNDER OATH.
   41    (B) (1) IN DETERMINING WHETHER GROUNDS FOR A GUN VIOLENCE  RESTRAINING
   42  ORDER EXIST, THE COURT SHALL CONSIDER ALL EVIDENCE OF THE FOLLOWING:
   43    (A)  A  RECENT THREAT OF VIOLENCE OR ACT OF VIOLENCE BY THE SUBJECT OF
   44  THE PETITION DIRECTED TOWARD ANOTHER.
   45    (B) A RECENT THREAT OF VIOLENCE OR ACT OF VIOLENCE BY THE  SUBJECT  OF
   46  THE PETITION DIRECTED TOWARD HIMSELF OR HERSELF.
   47    (C)  A VIOLATION OF AN EMERGENCY ORDER OF PROTECTION THAT IS IN EFFECT
   48  AT THE TIME THE COURT IS CONSIDERING THE PETITION.
   49    (D) A RECENT VIOLATION OF AN UNEXPIRED ORDER OF PROTECTION.
   50    (E) A PATTERN OF VIOLENT ACTS  OR  VIOLENT  THREATS  WITHIN  THE  PAST
   51  TWELVE  MONTHS,  INCLUDING,  BUT  NOT LIMITED TO, THREATS OF VIOLENCE OR
   52  ACTS OF VIOLENCE BY THE SUBJECT OF THE PETITION DIRECTED TOWARD HIMSELF,
   53  HERSELF, OR ANOTHER.
   54    (2) IN DETERMINING WHETHER GROUNDS  FOR  A  GUN  VIOLENCE  RESTRAINING
   55  ORDER  EXIST,  THE COURT MAY CONSIDER ANY OTHER EVIDENCE OF AN INCREASED
       S. 4389                             6
    1  RISK FOR VIOLENCE, INCLUDING, BUT NOT LIMITED TO, EVIDENCE OF ANY OF THE
    2  FOLLOWING:
    3    (A)  THE  UNLAWFUL  AND  RECKLESS  USE,  DISPLAY,  OR BRANDISHING OF A
    4  FIREARM BY THE SUBJECT OF THE PETITION.
    5    (B) THE HISTORY OF USE, ATTEMPTED USE, OR THREATENED USE  OF  PHYSICAL
    6  FORCE BY THE SUBJECT OF THE PETITION AGAINST ANOTHER PERSON.
    7    (C)  ANY  PRIOR  ARREST  OF  THE  SUBJECT OF THE PETITION FOR A FELONY
    8  OFFENSE.
    9    (D) ANY HISTORY OF A VIOLATION BY THE SUBJECT OF THE  PETITION  OF  AN
   10  EMERGENCY ORDER OF PROTECTION.
   11    (E)  ANY  HISTORY  OF A VIOLATION BY THE SUBJECT OF THE PETITION OF AN
   12  ORDER OF PROTECTION.
   13    (F) DOCUMENTARY  EVIDENCE,  INCLUDING,  BUT  NOT  LIMITED  TO,  POLICE
   14  REPORTS  AND  RECORDS OF CONVICTIONS, OF EITHER RECENT CRIMINAL OFFENSES
   15  BY THE SUBJECT OF THE PETITION THAT  INVOLVE  CONTROLLED  SUBSTANCES  OR
   16  ALCOHOL  OR  ONGOING  ABUSE  OF  CONTROLLED SUBSTANCES OR ALCOHOL BY THE
   17  SUBJECT OF THE PETITION.
   18    (G) EVIDENCE OF RECENT ACQUISITION OF FIREARMS, AMMUNITION,  OR  OTHER
   19  DEADLY WEAPONS.
   20    (3)  FOR  THE  PURPOSES OF THIS SUBDIVISION, "RECENT" MEANS WITHIN THE
   21  SIX MONTHS PRIOR TO THE DATE THE PETITION WAS FILED.
   22    (C) IF THE COURT DETERMINES THAT GROUNDS TO  ISSUE  AN  EX  PARTE  GUN
   23  VIOLENCE  RESTRAINING  ORDER  EXIST,  IT  SHALL  ISSUE  AN  EX PARTE GUN
   24  VIOLENCE RESTRAINING ORDER THAT PROHIBITS THE SUBJECT  OF  THE  PETITION
   25  FROM  HAVING  IN  HIS  OR  HER  CUSTODY  OR CONTROL, OWNING, PURCHASING,
   26  POSSESSING, OR RECEIVING,  OR  ATTEMPTING  TO  PURCHASE  OR  RECEIVE,  A
   27  FIREARM  OR  AMMUNITION,  AND EXPIRES NO LATER THAN TWENTY-ONE DAYS FROM
   28  THE DATE OF THE ORDER.
   29    3. (A) AN EX PARTE GUN VIOLENCE RESTRAINING ORDER  ISSUED  UNDER  THIS
   30  SECTION SHALL INCLUDE ALL OF THE FOLLOWING:
   31    (1) A STATEMENT OF THE GROUNDS SUPPORTING THE ISSUANCE OF THE ORDER.
   32    (2) THE DATE AND TIME THE ORDER EXPIRES.
   33    (3) THE ADDRESS OF THE SUPERIOR COURT IN WHICH ANY RESPONSIVE PLEADING
   34  SHOULD BE FILED.
   35    (4) THE DATE AND TIME OF THE SCHEDULED HEARING.
   36    (5)  THE FOLLOWING STATEMENT: "TO THE RESTRAINED PERSON: THIS ORDER IS
   37  VALID UNTIL THE EXPIRATION DATE AND TIME NOTED ABOVE. YOU  ARE  REQUIRED
   38  TO  SURRENDER  ALL  FIREARMS  AND  AMMUNITION THAT YOU OWN OR POSSESS IN
   39  ACCORDANCE WITH ARTICLE 12 OF THE FAMILY COURT ACT AND YOU MAY NOT  HAVE
   40  IN  YOUR  CUSTODY  OR  CONTROL,  OWN,  PURCHASE, POSSESS, OR RECEIVE, OR
   41  ATTEMPT TO PURCHASE OR RECEIVE A FIREARM OR AMMUNITION, WHILE THIS ORDER
   42  IS IN EFFECT. A HEARING WILL BE HELD ON THE DATE AND AT THE  TIME  NOTED
   43  ABOVE  TO  DETERMINE  IF A MORE PERMANENT GUN VIOLENCE RESTRAINING ORDER
   44  SHOULD BE ISSUED.  FAILURE TO APPEAR AT THAT HEARING  MAY  RESULT  IN  A
   45  COURT MAKING AN ORDER AGAINST YOU THAT IS VALID FOR A YEAR. YOU MAY SEEK
   46  THE ADVICE OF AN ATTORNEY AS TO ANY MATTER CONNECTED WITH THE ORDER. THE
   47  ATTORNEY  SHOULD  BE  CONSULTED PROMPTLY SO THAT THE ATTORNEY MAY ASSIST
   48  YOU IN ANY MATTER CONNECTED WITH THE ORDER."
   49    (B) (1) AN EX PARTE GUN VIOLENCE RESTRAINING ORDER SHALL BE PERSONALLY
   50  SERVED ON THE RESTRAINED PERSON BY A LAW  ENFORCEMENT  OFFICER,  OR  ANY
   51  PERSON  WHO  IS  AT  LEAST  EIGHTEEN YEARS OF AGE AND NOT A PARTY TO THE
   52  ACTION, IF THE RESTRAINED PERSON CAN REASONABLY BE LOCATED.
   53    (2) WHEN SERVING A GUN VIOLENCE RESTRAINING ORDER, A  LAW  ENFORCEMENT
   54  OFFICER  SHALL  INFORM  THE  RESTRAINED  PERSON OF THE HEARING SCHEDULED
   55  PURSUANT TO SUBDIVISION FOUR OF THIS SECTION.
       S. 4389                             7
    1    4. WITHIN TWENTY-ONE DAYS AFTER THE DATE  ON  THE  ORDER,  BEFORE  THE
    2  COURT  THAT  ISSUED THE ORDER OR ANOTHER COURT IN THE SAME JURISDICTION,
    3  THE COURT SHALL HOLD A HEARING PURSUANT TO SECTION TWELVE HUNDRED  FOUR-
    4  TEEN  OF  THIS  ARTICLE TO DETERMINE IF A GUN VIOLENCE RESTRAINING ORDER
    5  SHOULD BE ISSUED.
    6    S  1214.  GUN VIOLENCE RESTRAINING ORDER ISSUED AFTER NOTICE AND HEAR-
    7  ING. 1. (A) AN IMMEDIATE FAMILY MEMBER OF A PERSON OR A LAW  ENFORCEMENT
    8  OFFICER  MAY  REQUEST  THAT A COURT, AFTER NOTICE AND A HEARING, ISSUE A
    9  GUN VIOLENCE RESTRAINING ORDER ENJOINING THE  SUBJECT  OF  THE  PETITION
   10  FROM  HAVING  IN  HIS  OR  HER  CUSTODY  OR CONTROL, OWNING, PURCHASING,
   11  POSSESSING, OR RECEIVING A FIREARM OR AMMUNITION FOR  A  PERIOD  OF  ONE
   12  YEAR.
   13    (B) FOR PURPOSES OF THIS SECTION, "IMMEDIATE FAMILY MEMBER" SHALL MEAN
   14  PERSONS RELATED BY BLOOD, MARRIAGE OR ADOPTION.
   15    2.  IN  DETERMINING  WHETHER TO ISSUE A GUN VIOLENCE RESTRAINING ORDER
   16  UNDER THIS SECTION, THE COURT SHALL CONSIDER EVIDENCE OF THE FACTS IDEN-
   17  TIFIED IN SUBPARAGRAPH ONE  OF  PARAGRAPH  (B)  OF  SUBDIVISION  TWO  OF
   18  SECTION  TWELVE  HUNDRED  THIRTEEN  OF THIS ARTICLE AND MAY CONSIDER ANY
   19  OTHER EVIDENCE OF AN INCREASED RISK FOR  VIOLENCE,  INCLUDING,  BUT  NOT
   20  LIMITED  TO,  EVIDENCE  OF  THE  FACTS IDENTIFIED IN SUBPARAGRAPH TWO OF
   21  PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION TWELVE HUNDRED  THIRTEEN  OF
   22  THIS ARTICLE.
   23    3.  (A)  AT THE HEARING, THE PETITIONER SHALL HAVE THE BURDEN OF PROV-
   24  ING, BY CLEAR AND CONVINCING EVIDENCE, THAT BOTH OF  THE  FOLLOWING  ARE
   25  TRUE:
   26    (1)  THE  SUBJECT  OF THE PETITION, OR A PERSON SUBJECT TO AN EX PARTE
   27  GUN VIOLENCE RESTRAINING  ORDER,  AS  APPLICABLE,  POSES  A  SIGNIFICANT
   28  DANGER  OF  PERSONAL INJURY TO HIMSELF, HERSELF, OR ANOTHER BY HAVING IN
   29  HIS OR HER  CUSTODY  OR  CONTROL,  OWNING,  PURCHASING,  POSSESSING,  OR
   30  RECEIVING A FIREARM OR AMMUNITION.
   31    (2)  A GUN VIOLENCE RESTRAINING ORDER IS NECESSARY TO PREVENT PERSONAL
   32  INJURY TO THE SUBJECT OF THE PETITION, OR THE PERSON SUBJECT  TO  AN  EX
   33  PARTE  GUN VIOLENCE RESTRAINING ORDER, AS APPLICABLE, OR ANOTHER BECAUSE
   34  LESS RESTRICTIVE ALTERNATIVES EITHER HAVE BEEN TRIED  AND  FOUND  TO  BE
   35  INEFFECTIVE, OR ARE INADEQUATE OR INAPPROPRIATE FOR THE CIRCUMSTANCES OF
   36  THE  SUBJECT  OF  THE PETITION, OR THE PERSON SUBJECT TO AN EX PARTE GUN
   37  VIOLENCE RESTRAINING ORDER, AS APPLICABLE.
   38    (B) (1) IF THE COURT FINDS THAT THERE IS CLEAR AND CONVINCING EVIDENCE
   39  TO ISSUE A GUN VIOLENCE RESTRAINING ORDER, THE COURT SHALL ISSUE  A  GUN
   40  VIOLENCE  RESTRAINING  ORDER  THAT PROHIBITS THE SUBJECT OF THE PETITION
   41  FROM HAVING IN HIS  OR  HER  CUSTODY  OR  CONTROL,  OWNING,  PURCHASING,
   42  POSSESSING,  OR  RECEIVING,  OR  ATTEMPTING  TO  PURCHASE  OR RECEIVE, A
   43  FIREARM OR AMMUNITION.
   44    (2) IF THE COURT FINDS THAT THERE IS NOT CLEAR AND CONVINCING EVIDENCE
   45  TO SUPPORT THE ISSUANCE OF A GUN VIOLENCE RESTRAINING ORDER,  THE  COURT
   46  SHALL  DISSOLVE  ANY  TEMPORARY  EMERGENCY  OR  EX  PARTE  GUN  VIOLENCE
   47  RESTRAINING ORDER THEN IN EFFECT.
   48    (C) THE GUN VIOLENCE RESTRAINING ORDER ISSUED UNDER THIS SECTION SHALL
   49  HAVE A DURATION OF ONE YEAR, SUBJECT TO TERMINATION BY FURTHER ORDER  OF
   50  THE COURT AT A HEARING HELD PURSUANT TO SUBDIVISION FOUR OF THIS SECTION
   51  AND  RENEWAL  BY FURTHER ORDER OF THE COURT PURSUANT TO SUBDIVISION FIVE
   52  OF THIS SECTION.
   53    4. (A) A GUN VIOLENCE RESTRAINING ORDER ISSUED PURSUANT TO THIS  CHAP-
   54  TER SHALL INCLUDE ALL OF THE FOLLOWING:
   55    (1) A STATEMENT OF THE GROUNDS SUPPORTING THE ISSUANCE OF THE ORDER.
   56    (2) THE DATE AND TIME THE ORDER EXPIRES.
       S. 4389                             8
    1    (3)  THE  ADDRESS  OF  THE  SUPERIOR COURT FOR THE COUNTY IN WHICH THE
    2  RESTRAINED PARTY RESIDES.
    3    (4)  THE  FOLLOWING  STATEMENT:  "TO THE RESTRAINED PERSON: THIS ORDER
    4  WILL LAST UNTIL THE DATE AND TIME NOTED ABOVE. IF YOU HAVE NOT  DONE  SO
    5  ALREADY,  YOU MUST SURRENDER ALL FIREARMS AND AMMUNITION THAT YOU OWN OR
    6  POSSESS IN ACCORDANCE WITH ARTICLE 12 OF THE FAMILY COURT ACT.  YOU  MAY
    7  NOT HAVE IN YOUR CUSTODY OR CONTROL, OWN, PURCHASE, POSSESS, OR RECEIVE,
    8  OR  ATTEMPT  TO  PURCHASE OR RECEIVE A FIREARM OR AMMUNITION, WHILE THIS
    9  ORDER IS IN EFFECT. PURSUANT TO SECTION 1214 OF THE  FAMILY  COURT  ACT,
   10  YOU HAVE THE RIGHT TO REQUEST ONE HEARING TO TERMINATE THIS ORDER AT ANY
   11  TIME DURING ITS EFFECTIVE PERIOD. YOU MAY SEEK THE ADVICE OF AN ATTORNEY
   12  AS TO ANY MATTER CONNECTED WITH THE ORDER."
   13    (B)  WHEN THE COURT ISSUES A GUN VIOLENCE RESTRAINING ORDER UNDER THIS
   14  CHAPTER, THE COURT SHALL INFORM THE RESTRAINED PERSON THAT HE OR SHE  IS
   15  ENTITLED  TO ONE HEARING TO REQUEST A TERMINATION OF THE ORDER, PURSUANT
   16  TO SUBDIVISION FIVE OF THIS SECTION, AND SHALL  PROVIDE  THE  RESTRAINED
   17  PERSON WITH A FORM TO REQUEST A HEARING.
   18    5.  (A)  A  PERSON  SUBJECT TO A GUN VIOLENCE RESTRAINING ORDER ISSUED
   19  UNDER THIS SECTION MAY SUBMIT ONE WRITTEN REQUEST AT ANY TIME DURING THE
   20  EFFECTIVE PERIOD OF THE ORDER FOR A HEARING TO TERMINATE THE ORDER.
   21    (B) IF THE COURT FINDS AFTER THE HEARING THAT THERE IS NO LONGER CLEAR
   22  AND CONVINCING EVIDENCE TO BELIEVE: (1) THAT THE PERSON POSES A  SIGNIF-
   23  ICANT  DANGER,  IN  THE  NEAR  FUTURE,  OF  PERSONAL  INJURY TO HIMSELF,
   24  HERSELF, OR ANOTHER BY HAVING IN HIS OR HER CUSTODY OR CONTROL,  OWNING,
   25  PURCHASING,  POSSESSING,  OR  RECEIVING  A  FIREARM  AS DETERMINED UNDER
   26  SECTION TWELVE HUNDRED THIRTEEN OF THIS ARTICLE; OR
   27    (2) THAT A GUN VIOLENCE RESTRAINING  ORDER  IS  NECESSARY  TO  PREVENT
   28  PERSONAL  INJURY  TO  THE  SUBJECT OF THE PETITION OR ANOTHER, THE COURT
   29  SHALL TERMINATE THE ORDER.
   30    6. (A) (1) AN IMMEDIATE FAMILY MEMBER OF A RESTRAINED PERSON OR A  LAW
   31  ENFORCEMENT  OFFICER MAY REQUEST A RENEWAL OF A GUN VIOLENCE RESTRAINING
   32  ORDER AT ANY TIME WITHIN THE THREE MONTHS BEFORE THE EXPIRATION OF A GUN
   33  VIOLENCE RESTRAINING ORDER.
   34    (2) FOR PURPOSES OF THIS SUBDIVISION, "IMMEDIATE FAMILY MEMBER"  MEANS
   35  A PERSON RELATED BY BLOOD, MARRIAGE OR ADOPTION.
   36    (B)  A  COURT  MAY,  AFTER  NOTICE AND A HEARING, RENEW A GUN VIOLENCE
   37  RESTRAINING ORDER ISSUED UNDER THIS SECTION IF THE PETITIONER PROVES, BY
   38  CLEAR AND CONVINCING EVIDENCE, THAT THE SUBJECT OF THE PETITION POSES  A
   39  SIGNIFICANT  DANGER,  IN THE NEAR FUTURE, OF PERSONAL INJURY TO HIMSELF,
   40  HERSELF, OR ANOTHER BY HAVING IN HIS OR HER CUSTODY OR CONTROL,  OWNING,
   41  PURCHASING,  POSSESSING, OR RECEIVING A FIREARM AS DETERMINED BY CONSID-
   42  ERING THE FACTORS LISTED IN SUBDIVISION TWO OF THIS SECTION; OR  THAT  A
   43  GUN  VIOLENCE  RESTRAINING ORDER IS NECESSARY TO PREVENT PERSONAL INJURY
   44  TO THE SUBJECT OF THE  PETITION  OR  ANOTHER  BECAUSE  LESS  RESTRICTIVE
   45  ALTERNATIVES  EITHER HAVE BEEN TRIED AND FOUND TO BE INEFFECTIVE, OR ARE
   46  INADEQUATE OR INAPPROPRIATE FOR THE CIRCUMSTANCES OF THE SUBJECT OF  THE
   47  PETITION.
   48    (C)  IN  DETERMINING WHETHER TO RENEW A GUN VIOLENCE RESTRAINING ORDER
   49  ISSUED UNDER THIS SECTION, THE COURT  SHALL  CONSIDER  EVIDENCE  OF  THE
   50  FACTS IDENTIFIED IN SUBPARAGRAPH ONE OF PARAGRAPH (B) OF SUBDIVISION TWO
   51  OF  SECTION TWELVE HUNDRED THIRTEEN OF THIS ARTICLE AND MAY CONSIDER ANY
   52  OTHER EVIDENCE OF AN INCREASED RISK FOR  VIOLENCE,  INCLUDING,  BUT  NOT
   53  LIMITED  TO,  EVIDENCE  OF  THE  FACTS IDENTIFIED IN SUBPARAGRAPH TWO OF
   54  PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION TWELVE HUNDRED  THIRTEEN  OF
   55  THIS ARTICLE.
       S. 4389                             9
    1    (D)  AT  THE HEARING, THE PETITIONER SHALL HAVE THE BURDEN OF PROVING,
    2  BY CLEAR AND CONVINCING EVIDENCE, THAT THE SUBJECT OF THE PETITION POSES
    3  A SIGNIFICANT DANGER, IN THE NEAR FUTURE, OF PERSONAL INJURY TO HIMSELF,
    4  HERSELF, OR ANOTHER BY HAVING IN HIS OR HER CUSTODY OR CONTROL,  OWNING,
    5  PURCHASING,  POSSESSING, OR RECEIVING A FIREARM AS DETERMINED BY CONSID-
    6  ERING THE FACTORS LISTED IN SUBDIVISION TWO OF THIS SECTION; OR  THAT  A
    7  GUN  VIOLENCE  RESTRAINING ORDER IS NECESSARY TO PREVENT PERSONAL INJURY
    8  TO THE SUBJECT OF THE  PETITION  OR  ANOTHER  BECAUSE  LESS  RESTRICTIVE
    9  ALTERNATIVES  EITHER HAVE BEEN TRIED AND FOUND TO BE INEFFECTIVE, OR ARE
   10  INADEQUATE OR INAPPROPRIATE FOR THE CIRCUMSTANCES OF THE SUBJECT OF  THE
   11  PETITION.
   12    (E)  IF  THE  RENEWAL  PETITION  IS  SUPPORTED BY CLEAR AND CONVINCING
   13  EVIDENCE, THE COURT SHALL  RENEW  THE  GUN  VIOLENCE  RESTRAINING  ORDER
   14  ISSUED UNDER THIS SECTION.
   15    (F) THE RENEWAL OF A GUN VIOLENCE RESTRAINING ORDER ISSUED PURSUANT TO
   16  THIS  SECTION  SHALL HAVE A DURATION OF ONE YEAR, SUBJECT TO TERMINATION
   17  BY FURTHER ORDER OF THE COURT AT A HEARING HELD PURSUANT TO  SUBDIVISION
   18  FIVE  OF  THIS SECTION AND FURTHER RENEWAL BY FURTHER ORDER OF THE COURT
   19  PURSUANT TO THIS SUBDIVISION.
   20    (G) A GUN VIOLENCE RESTRAINING ORDER RENEWED PURSUANT TO THIS  SECTION
   21  SHALL INCLUDE THE FOLLOWING INFORMATION:
   22    (1) A STATEMENT OF THE GROUNDS SUPPORTING THE ISSUANCE OF THE ORDER.
   23    (2) THE DATE AND TIME THE ORDER EXPIRES.
   24    (3) THE ADDRESS OF THE SUPERIOR COURT IN WHICH ANY RESPONSIVE PLEADING
   25  SHOULD BE FILED.
   26    (4) THE DATE AND TIME OF THE SCHEDULED HEARING.
   27    (5)  THE FOLLOWING STATEMENT: "TO THE RESTRAINED PERSON: THIS ORDER IS
   28  VALID UNTIL THE EXPIRATION DATE AND TIME NOTED ABOVE. YOU  ARE  REQUIRED
   29  TO  SURRENDER  ALL  FIREARMS  AND  AMMUNITION THAT YOU OWN OR POSSESS IN
   30  ACCORDANCE WITH ARTICLE 12 OF THE FAMILY COURT ACT AND YOU MAY NOT  HAVE
   31  IN  YOUR  CUSTODY  OR  CONTROL,  OWN,  PURCHASE, POSSESS, OR RECEIVE, OR
   32  ATTEMPT TO PURCHASE OR RECEIVE A FIREARM OR AMMUNITION, WHILE THIS ORDER
   33  IS IN EFFECT. A HEARING WILL BE HELD ON THE DATE AND AT THE  TIME  NOTED
   34  ABOVE  TO  DETERMINE  IF A MORE PERMANENT GUN VIOLENCE RESTRAINING ORDER
   35  SHOULD BE ISSUED.  FAILURE TO APPEAR AT THAT HEARING  MAY  RESULT  IN  A
   36  COURT MAKING AN ORDER AGAINST YOU THAT IS VALID FOR A YEAR. YOU MAY SEEK
   37  THE ADVICE OF AN ATTORNEY AS TO ANY MATTER CONNECTED WITH THE ORDER. THE
   38  ATTORNEY  SHOULD  BE  CONSULTED PROMPTLY SO THAT THE ATTORNEY MAY ASSIST
   39  YOU IN ANY MATTER CONNECTED WITH THE ORDER."
   40    7. ANY HEARING HELD PURSUANT TO THIS SECTION MAY BE CONTINUED  UPON  A
   41  SHOWING  OF  GOOD  CAUSE.    ANY  EXISTING ORDER ISSUED PURSUANT TO THIS
   42  SUBDIVISION SHALL REMAIN IN FULL FORCE AND EFFECT DURING THE  PERIOD  OF
   43  CONTINUANCE.
   44    8.  IF  A PERSON SUBJECT TO A GUN VIOLENCE RESTRAINING ORDER ISSUED OR
   45  RENEWED PURSUANT TO THIS SECTION WAS NOT PRESENT IN COURT  AT  THE  TIME
   46  THE  ORDER  WAS  ISSUED  OR  RENEWED, THE GUN VIOLENCE RESTRAINING ORDER
   47  SHALL BE PERSONALLY SERVED ON THE RESTRAINED PERSON BY A LAW ENFORCEMENT
   48  OFFICER OR ANY PERSON WHO IS AT LEAST EIGHTEEN YEARS OF AGE  AND  NOT  A
   49  PARTY TO THE ACTION, IF THE RESTRAINED PERSON CAN REASONABLY BE LOCATED.
   50    S 1215. OFFENSES. 1. EVERY PERSON WHO FILES A PETITION FOR AN EX PARTE
   51  GUN  VIOLENCE RESTRAINING ORDER PURSUANT TO SECTION TWELVE HUNDRED THIR-
   52  TEEN OF THIS ARTICLE, OR A GUN VIOLENCE RESTRAINING ORDER  ISSUED  AFTER
   53  NOTICE AND A HEARING PURSUANT TO SECTION TWELVE HUNDRED FOURTEEN OF THIS
   54  ARTICLE, KNOWING THE INFORMATION IN THE PETITION TO BE FALSE OR WITH THE
   55  INTENT TO HARASS, IS GUILTY OF A MISDEMEANOR.
       S. 4389                            10
    1    2.  EVERY  PERSON  WHO  OWNS OR POSSESSES A FIREARM OR AMMUNITION WITH
    2  KNOWLEDGE THAT HE OR SHE IS PROHIBITED FROM  DOING  SO  BY  A  TEMPORARY
    3  EMERGENCY  GUN  VIOLENCE  RESTRAINING  ORDER  ISSUED PURSUANT TO SECTION
    4  TWELVE HUNDRED  TWELVE  OF  THIS  ARTICLE,  AN  EX  PARTE  GUN  VIOLENCE
    5  RESTRAINING  ORDER ISSUED PURSUANT TO SECTION TWELVE HUNDRED THIRTEEN OF
    6  THIS ARTICLE, OR A GUN VIOLENCE RESTRAINING ORDER  ISSUED  AFTER  NOTICE
    7  AND A HEARING ISSUED PURSUANT TO SECTION TWELVE HUNDRED FOURTEEN OF THIS
    8  ARTICLE,  IS GUILTY OF A MISDEMEANOR AND SHALL BE PROHIBITED FROM HAVING
    9  IN HIS OR HER CUSTODY OR CONTROL,  OWNING,  PURCHASING,  POSSESSING,  OR
   10  RECEIVING, OR ATTEMPTING TO PURCHASE OR RECEIVE, A FIREARM OR AMMUNITION
   11  FOR  A FIVE-YEAR PERIOD, TO COMMENCE UPON THE EXPIRATION OF THE EXISTING
   12  GUN VIOLENCE RESTRAINING ORDER.
   13    S 2. This act shall take effect on the one hundred twentieth day after
   14  it shall have become a law.