On July 21, 2023, Petitioner commenced this proceeding against Respondent seeking the entry of an Extreme Risk Protection Order. As a result of that application certain firearms were seized which are currently in the possession of the Petitioner.

On August 27, 2024, an Application to Return Firearms, Rifles or Shotguns to Lawful Owner pursuant to New York State Civil Practice Law and Rules ("CPLR") § 6343(5)(b) (hereinafter the "Application") was filed by non-party S.J.D. pertaining to the above-captioned proceeding seeking the return of firearms seized including the following (hereinafter collectively referred to as the "Applicant's Firearms"):

Following receipt of the Application, an Order was entered wherein the following directives were made:

"It is hereby ORDERED that:

1. A Hearing shall be held on September 12, 2024, at 9:00 a.m., wherein all parties and counsel must appear in-person prepared to present all witnesses and evidence pertaining to the subject application.

2. Applicant's counsel shall serve a copy of this Order on Petitioner, Respondent, Westchester District Attorney and any other necessary parties by overnight traceable delivery by September 2, 2024, and by that date shall file proof of service with copies of the overnight tracking slips.

3. All prior Decisions, Orders and Judgments entered in this action shall remain in full force and effect."

Applicant's counsel filed an Affirmation of Service confirming that the service directives set forth by the Court were complied with.

On September 12, 2024, a Hearing was held before the undersigned wherein appearances were made by Applicant, Applicant's counsel and Petitioner. Respondent failed to appear or request an adjournment of the Hearing. Petitioner advised the Court that it consented to the relief requested in the Application. Petitioner then called it's first and only witness being S.J.D. and three exhibits were admitted into evidence on consent being: (1) Petitioner's Exhibit #1 — K&R Gun Distributors Document; (2) Petitioner's Exhibit #2 — Firearm License of S.J.D., and; (3) Assault Weapons Registration Amendment Approval of the New York State Police. Petitioner declined to cross examine the witness.

Pursuant to CPLR § 6343(5)(b):

"If any other person demonstrates that he or she is the lawful owner of any firearm, rifle or shotgun surrendered or removed pursuant to a protection order issued in accordance with this article, and provided that the court has made a written finding that there is no legal impediment to the person's possession of a surrendered or removed firearm, rifle or shotgun, the court shall direct that such firearm, rifle or shotgun be returned to such lawful owner and inform such person of the obligation to safely store such firearm, rifle, or shotgun in accordance with section 265.45 of the penal law."

Based upon the submissions made to the Court, the testimony and evidence received at the Hearing, and consent of the Petitioner, it is the determination of this Court that the Applicant S.J.D. has demonstrated that he is the lawful owner of Applicant's Firearms which were previously seized pursuant to Court Orders entered within this proceeding; there is no legal impediment to the Applicant S.J.D. possessing the Applicant's Firearms, and; the Applicant's Firearms shall be returned to the Applicant S.J.D..

Based upon the foregoing, it is hereby

ORDERED that the Application is granted to the extent that Applicant's Firearms shall be immediately returned to the Applicant S.J.D.; and it is further

ORDERED that the Applicant is hereby informed of the obligation to safely store firearms, rifles, and/or shotguns in accordance with section 265.45 of the New York State Penal Law, which provides the following:

"1. No person who owns or is custodian of a rifle, shotgun or firearm who resides with an individual who: (i) is under eighteen years of age; (ii) such person knows or has reason to know is prohibited from possessing a rifle, shotgun or firearm pursuant to a temporary or final extreme risk protection order issued under article sixty-three-A of the civil practice law and rules or 18 U.S.C. § 922(g) (1), (4), (8) or (9); or (iii) such person knows or has reason to know is prohibited from possessing a rifle, shotgun or firearm based on a conviction for a felony or a serious offense, shall store or otherwise leave such rifle, shotgun or firearm out of his or her immediate possession or control without having first securely locked such rifle, shotgun or firearm in an appropriate safe storage depository or rendered it incapable of being fired by use of a gun locking device appropriate to that weapon.

2. No person shall store or otherwise leave a rifle, shotgun, or firearm out of such person's immediate possession or control inside a vehicle without first removing the [*3]ammunition from and securely locking such rifle, shotgun, or firearm in an appropriate safe storage depository out of sight from outside of the vehicle; provided, however, this subdivision shall not apply to a police officer as such term is defined in subdivision thirty-four of section 1.20 of the criminal procedure law, a qualified law enforcement officer authorized to carry concealed firearms pursuant to 18 U.S.C. 926B, or a person in the military service of the United States or the state of New York when such police officer, qualified law enforcement officer, or person in such military service is acting in the course of such person's official duty or employment and otherwise complying with any applicable standards or requirements pertaining to the storage of such rifle, shotgun, or firearm.

3. For purposes of this section "safe storage depository" shall mean a safe or other secure container which, when locked, is incapable of being opened without the key, keypad, combination or other unlocking mechanism and is capable of preventing an unauthorized person from obtaining access to and possession of the weapon contained therein and shall be fire, impact, and tamper resistant. Nothing in this section shall be deemed to affect, impair or supersede any special or local act relating to the safe storage of rifles, shotguns or firearms which impose additional requirements on the owner or custodian of such weapons. For the purposes of subdivision two of this section, a glove compartment or glove box shall not be considered an appropriate safe storage depository.

4. It shall not be a violation of this section to allow a person less than eighteen years of age access to: (i) a firearm, rifle or shotgun for lawful use as authorized under paragraph seven or seven-e of subdivision a of section 265.20 of this article, or (ii) a rifle or shotgun for lawful use as authorized by article eleven of the environmental conservation law when such person less than eighteen years of age is the holder of a hunting license or permit and such rifle or shotgun is used in accordance with such law.

Failure to safely store rifles, shotguns, and firearms in the first degree is a class A misdemeanor."; and it is further

ORDERED that Applicant's counsel shall serve a copy of this Decision and Order with Notice of Entry on Petitioner and Respondent by September 20, 2024, and by that date shall file a copy of same with proof of service; and it is further

ORDERED that to the extent any relief requested has not been granted herein it is denied.

The foregoing constitutes the Decision and Order of this Court.