CPLR § 6341

Application for an extreme risk protection order  ·  as in force on May 31, 2026

§ 6341. Application for an extreme risk protection order. In accordance with this article, a petitioner may file an application, which shall be sworn, and accompanying supporting documentation, setting forth the facts and circumstances justifying the issuance of an extreme risk protection order. Provided, however, that a petitioner that is a law enforcement agency that employs a police officer, as such term defined in section 1.20 of the criminal procedure law, or is a police officer or district attorney with jurisdiction in the county or city where the person against whom the order is sought resides shall file such application upon the receipt of credible information that an individual is likely to engage in conduct that would result in serious harm to themself or others, as defined in paragraph one or two of subdivision (a) of section 9.39 of the mental hygiene law, unless such petitioner determines that there is no probable cause for such filing. Such application and supporting documentation shall be filed in the supreme court in the county in which the respondent resides. The chief administrator of the courts shall adopt forms that may be used for purposes of such applications and the court's consideration of such applications. Such application form shall include inquiry as to whether the petitioner knows, or has reason to believe, that the respondent owns, possesses or has access to a firearm, rifle or shotgun and if so, a request that the petitioner list or describe such firearms, rifles and shotguns, and the respective locations thereof, with as much specificity as possible.

Official sourcehttps://www.nysenate.gov/legislation/laws/CVP/6341

In plain English

A petitioner may file a sworn application with supporting documentation setting out the facts justifying an extreme risk protection order. A qualifying law-enforcement agency, police officer or district attorney must file on receiving credible information that a person is likely to engage in conduct resulting in serious harm to self or others (as defined in Mental Hygiene Law § 9.39(a)(1) or (2)), unless it determines there is no probable cause for filing. ★ The application is filed in the Supreme Court in the county where the respondent resides. ★ The chief administrator of the courts adopts forms, which must ask whether the petitioner knows or has reason to believe the respondent owns, possesses or has access to a firearm, rifle or shotgun and, if so, ask the petitioner to list or describe them and their locations as specifically as possible.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 1 — The Court Clerk in Plain English; Volume 2 — The Court Clerk: Civil Practice Law and Rules; Volume 1 — Your Career: Civil Practice in Plain English.