1. When a law enforcement officer takes any firearm, rifle or shotgun pursuant to a temporary extreme risk protection order or a final extreme risk protection order, the officer shall give to the person from whom such firearm, rifle or shotgun is taken a receipt or voucher for the property taken, describing the property in detail. In the absence of a person, the officer shall leave the receipt or voucher in the place where the property was found, mail a copy of the receipt or voucher, retaining proof of mailing, to the last known address of the respondent and, if different, the owner of the firearm, rifle or shotgun, and file a copy of such receipt or voucher with the court. All firearms, rifles and shotguns in the possession of a law enforcement official pursuant to this article shall be subject to the provisions of applicable law, including but not limited to subdivision six of section 400.05 of the penal law; provided, however, that any such firearm, rifle or shotgun shall be retained and not disposed of by the law enforcement agency for at least two years unless legally transferred by the respondent to an individual permitted by law to own and possess such firearm, rifle or shotgun. 2. If the location to be searched during the execution of a temporary extreme risk protection order or extreme risk protection order is jointly occupied by two or more parties, and a firearm, rifle or shotgun located during the execution of such order is owned by a person other than the respondent, the court shall, upon a written finding that there is no legal impediment to the person other than the respondent’s possession of such firearm, rifle or shotgun, order the return of such firearm, rifle or shotgun to such lawful owner and inform such person of their obligation to safely store their firearm, rifle, or shotgun in accordance with section 265.45 of the penal law.
§ 6344.Surrender and removal of firearms, rifles and shotguns pursuant to an extreme risk protection order.
Article 63-A. Extreme Risk Protection Orders · Last amended 2019 · Last verified July 21, 2026
In one sentenceCPLR 6344 tells law enforcement how to document and hold firearms taken under a temporary or final extreme risk protection order, including a minimum two-year retention period and a process for returning weapons to a lawful co-occupant who is not the respondent.
Full Text of CPLR 6344
Plain-English Summary
When a law enforcement officer takes a firearm, rifle, or shotgun under a temporary or final extreme risk protection order, CPLR 6344 requires the officer to give the person from whom it was taken a detailed receipt or voucher. If no one is present, the officer leaves the receipt at the scene, mails a copy to the last known address of the respondent and, if different, the weapon's owner, and files a copy with the court.
Subject to other applicable law, a firearm held under this article must be retained by the law enforcement agency for at least two years, unless the respondent legally transfers it to someone else permitted to own and possess it.
Where the location searched is shared by more than one person and a firearm found there belongs to someone other than the respondent, the court, on a written finding that no legal impediment blocks that person's possession of it, orders the weapon returned to its lawful owner and informs that person of the duty to store it safely under the Penal Law.
Frequently Asked Questions
What happens to firearms seized under a New York extreme risk protection order?
The officer who takes them gives a receipt describing the property, and the law enforcement agency retains the firearms, subject to other applicable law.
How long must police keep firearms taken under an ERPO?
At least two years, unless the respondent legally transfers the firearm to someone else permitted to own and possess it.
Does a roommate get their gun back if only the respondent is subject to the order?
Yes, if the court makes a written finding that no legal impediment blocks that person's possession of it, CPLR 6344 requires the firearm to be returned to that lawful owner.
Does the officer have to give a receipt for firearms taken under an ERPO?
Yes. The officer must give a detailed receipt or voucher to the person from whom the firearm was taken, or leave and mail one if no one is present.
Can seized firearms be transferred to someone else instead of held for two years?
Yes, if the respondent legally transfers the firearm to an individual permitted by law to own and possess it.
Amendment History
L 2019, ch 19, § 1, effective August 24, 2019.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: ERPO firearm surrender New Yorkhow long does police keep guns under a red flag orderreturn of firearms extreme risk protection order