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FCA - FUTURE CLERK 2023: THE CLERKENING > Article 8 Volume Three > Flashcards

Article 8 Volume Three Flashcards

1
Q

(Bard) 842-A Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400

  1. Suspension of firearms license and ineligibility for such a license upon the issuance of a temporary order of protection.
  • Whenever a temporary order of protection is issued, the court (MAY/SHALL) ask the respondent, petitioner (out of the presence of the respondent), and anyone else who may know, about the existence and location of any firearms owned or possessed by the respondent; and:
  • (a) the court (MAY/SHALL) suspend any such existing license possessed by the respondent, order the respondent ineligible for such a license, and order the immediate surrender of any or all firearms owned or possessed where the court receives information that gives the court good cause to believe that:
  • (i) the respondent has a prior conviction of any violent felony offense
  • (ii) the respondent has previously been found to have willfully failed to obey a prior order of protection and such willful failure involved
  • (A) the infliction of physical injury
  • (B) the use or threatened use of a deadly weapon or dangerous instrument or
  • (C) behavior constituting any violent felony offense or
  • (iii) the respondent has a prior conviction for stalking 1st, 2nd, 3rd, 4th degrees
A

SHALL… SHALL

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2
Q

(Bard) 842-A Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400

  1. Suspension of firearms license and ineligibility for such a license upon the issuance of a temporary order of protection.

If the court finds that the respondent is a substantial risk to use a firearm against the protected person, the court (MAY/SHALL) suspend the respondent’s firearm license, order them ineligible for a new license, and order them to surrender all firearms.

A

SHALL

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3
Q

(Bard) 842-A Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400

  1. Revocation or suspension of firearms license and ineligibility for such a license upon the issuance of an order of protection.
  • Whenever an order of protection is issued pursuant to the FCA, the court (MAY/SHALL) ask the respondent, petitioner (out of the presence of the respondent), and anyone else who may know, about the existence and location of any firearms owned or possessed by the respondent; and:
  • (a) the court (MAY/SHALL) revoke any such existing license possessed by the respondent, order the respondent ineligible for such a license, and order the immediate surrender of any or all firearms owned or possessed where the court finds that the conduct which resulted in the issuance of the order of protection involved:
  • (i) the infliction of physical injury,
  • (ii) the use or threatened use of a deadly weapon or dangerous instrument or
  • (iii) behavior constituting any violent felony offense
A

SHALL… SHALL

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4
Q

(Bard) 842-A Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400

  1. Revocation or suspension of firearms license and ineligibility for such a license upon the issuance of an order of protection.

If the court finds that the respondent is a substantial risk to use a firearm against the protected person, the court (MAY/SHALL) revoke, suspend or continue to suspend the respondent’s firearm license, order them ineligible for a new license, and order them to surrender all firearms.

A

SHALL

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5
Q

(Bard) 842-A Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400

  1. Revocation or suspension of firearms license and ineligibility for such a license upon a finding of a willful failure to obey an order of protection or temporary order of protection.
  • Whenever a respondent has been found to have willfully failed to obey an order of protection or temporary order of protection issued pursuant to this act or the domestic relations law, or by this court or by a court of competent jurisdiction in another state, territorial or tribal jurisdiction, in addition to any other remedies for TOP/OP violations, the court (MAY/SHALL) ask the respondent, petitioner (out of the presence of the respondent), and anyone else who may know, about the existence and location of any firearms owned or possessed by the respondent; and:
  • (a) the court (MAY/SHALL) revoke any such existing license possessed by the respondent, order the respondent ineligible for such a license, and order the immediate surrender of any or all firearms owned or possessed where the willful failure to obey such order involves:
  • (i) the infliction of physical injury,
  • (ii) the use or threatened use of a deadly weapon or dangerous instrument or
  • (iii) behavior constituting any violent felony offense or
  • (iv) behavior constituting stalking 1st, 2nd, 3rd, 4th degree;
A

SHALL….SHALL

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6
Q

(Bard) 842-A Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400

  1. Revocation or suspension of firearms license and ineligibility for such a license upon a finding of a willful failure to obey an order of protection or temporary order of protection.

If the court finds that the respondent is a substantial risk to use a firearm against the protected person, the court (MAY/SHALL) revoke or suspend the respondent’s firearm license, order them ineligible for a new license, and order them to surrender all firearms.

A

Shall

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7
Q

(Bard) 842-A Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400

** In all of the above situations, the court, if the defendant willfully refuses to surrender their firearms, or may for good cause shown, (MAY/SHALL) order their immediate seizure and search of firearms, consistent with the defendant’s rights.**

A

SHALL

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8
Q

(Bard) 842-A Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400

  1. Surrender:

The TOP/OP must specify the place, date, and time for surrendering firearms, the date they must be surrendered by, describe the firearms to be surrendered to the extent possible, and direct the authority receiving the surrendered firearms to notify the court immediately.

A

(Bard) 842-A Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400

  1. Surrender:

The TOP/OP must specify the place, date, and time for surrendering firearms, the date they must be surrendered by, describe the firearms to be surrendered to the extent possible, and direct the authority receiving the surrendered firearms to notify the court immediately.

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9
Q

(Bard) 842-A Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400

  1. Surrender:

The prompt surrender of one or more firearms, rifles or shotguns pursuant to a court order issued pursuant this section shall be considered a ______________________.

A

voluntary surrender.

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10
Q

(Bard) 842-A Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400

  1. Surrender:

Surrendered weapons shall be dealt with in accordance with PL 400.05, however that upon the termination of any suspension order issued pursuant to this section, any court of record exercising criminal jurisdiction may order the __________ of a firearm.

A

return

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11
Q

(Bard) 842-A Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400

  1. Surrender:

The provisions of this section shall not be deemed to limit, restrict or otherwise impair the authority of the court to order and direct the surrender of any or all firearms owned or possessed by a respondent pursuant to this act.

A

(Bard) 842-A Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400

  1. Surrender:

The provisions of this section shall not be deemed to limit, restrict or otherwise impair the authority of the court to order and direct the surrender of any or all firearms owned or possessed by a respondent pursuant to this act.

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12
Q

(Bard) 842-A Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400

  1. Notice.

Any temporary or final order of protection that includes an order to surrender or seize firearms or revoke, suspend, or make ineligible for a firearm license must state that the respondent is ____________ from possessing any firearms.

A

prohibited

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13
Q

(Bard) 842-A Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400

  1. Notice.

The court must immediately notify the statewide __________ and the local ______________if they revoke or suspend a firearm license, make the respondent ineligible for a license, or order the surrender or seizure of firearms.

A

registry of orders of protection…. police authorities

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14
Q

(Bard) 842-A Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400

  1. Notice.

The court must give written notice to the Division of __________ in Albany without unnecessary delay if they revoke or suspend a firearm license, or make the respondent ineligible for a license.

A

State Police

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15
Q

(Bard) 842-A Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400

  1. Notice.

If an order of revocation, suspension, ineligibility of firearms license or surrender or seizure of firearms is modified or vacated, the court must immediately notify the statewide registry of orders of protection, the ____________, and give written notice to the Division of _____________ in Albany.

A

local police authorities ……….State Police

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16
Q

(Bard) 842-A Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400

  1. Notice.
  • The respondent has the right to a hearing before the court regarding any order to revoke, suspend, make ineligible for a firearms license or surrender or seize firearms, but the court may still issue such an order before a hearing.
  • Where the court has issued such an order prior to a hearing, it shall commence such hearing within __________________ of the date such order was issued.
A

14 DAYS

FUTURECLERK HINT: FIREARMS = FOURTEEN

17
Q

(Bard) 842-A Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400

  1. Nothing in this section shall delay or otherwise interfere with the issuance of a temporary order of protection.
A

(Bard) 842-A Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400

  1. Nothing in this section shall delay or otherwise interfere with the issuance of a temporary order of protection.
18
Q

843 Rules of court
__________ shall define terms and conditions of any order issued.

A

Rules of the court

19
Q

844 Petition; & Reconsideration and modification

For good cause shown the family court may after a hearing reconsider and __________ any order issued

A

modify

20
Q

846- Petition; violation of court order

A petition for the violation of a court order is initiated by the filing of a petition by the original petitioner or any person who may originate a proceeding under FCA 822

A

846- Petition; violation of court order

A petition for the violation of a court order is initiated by the filing of a petition by the original petitioner or any person who may originate a proceeding under FCA 822

21
Q

846- Petition; violation of court order

Upon the filing of such a petition a summons may be issued directing the respondent to show cause why they should not be dealt with as per FCA 846a.

A

846- Petition; violation of court order

Upon the filing of such a petition a summons may be issued directing the respondent to show cause why they should not be dealt with as per FCA 846a.

22
Q

846- Petition; violation of court order

The summons shall include on its face, printed or typewritten in a size equal to ___ pt. bold type, a notice warning the respondent that failure to appear may result in immediate arrest and a finding of willful failure to obey the order is contempt of court punishable by a sentence of up to ____________ jail

A

8 …….. Six months

23
Q

846- Petition; violation of court order

The notice shall also advise the respondent of the right to ________ , and the right to __________ , if indigent.

A

Counsel… assigned counsel

24
Q

846- Petition; violation of court order

Upon the filing of a petition alleging this violation, the court may on its own motion or on motion of the petitioner:
1. Hear the violation petition and take such action
2. Retain jurisdiction to hear and determine whether the violation constitutes contempt of court and __________ to the criminal court for prosecution by the district attorney
3.____________ the entire proceeding to the criminal court

A

Transfer ……. Transfer

25
Q

846- Petition; violation of court order

The issuance of a Summons follows the guidelines of FCA 826, except that no order of commitment may be entered upon ____________ in appearance by the respondent when served by _____________

A

a default…… substituted service

26
Q

846- Petition; violation of court order

The court may issue a __________ directing the respondent to be arrested and brought before the court

A

warrant

27
Q

846a – Powers on failure to obey order

If the respondent is brought before the court for failure to obey any lawful order and after a hearing the court is satisfied that there has been willful failure the court may:

  1. __________ or make a _________ order of protection
  2. May order forfeiture of __________
  3. May order the respondent to pay reasonable and necessary _________ of the petitioner
  4. May commit the respondent to jail for up to __________
  5. May order revocation of ________ and _________ of firearms
A

Modify….. new…. bail…. counsel fees.. SIX (6) MONTHS…. licenses and surrender

28
Q

846a – Powers on failure to obey order

The court determines that the willful failure to obey such order involves violent behavior constituting the crimes of menacing, reckless endangerment, assault or attempted assault and if such a respondent is licensed to carry, possess, repair and dispose of firearms, the court (MAY/SHALL) also immediately revoke such license and may arrange for the immediate surrender and disposal of any firearm such respondent owns or possesses.

A

MAY

29
Q

846a – Powers on failure to obey order

If the willful failure to obey such order involves the infliction of physical injury or the use or threatened use of a deadly weapon or dangerous instrument, such revocation and immediate surrender and disposal of any firearm owned or possessed by respondent shall be ____________

A

mandatory

30
Q

847 – Procedures for violation of orders of protection; certain cases

  • An assault, attempted assault or other family offense occurring after the issuance of an order of protection shall be deemed a new offense for which the petitioner may
  • file a petition alleging a ___________ of an order of protection OR
  • they may file a __________ alleging a new family offense and may seek to have an accusatory instrument filed in criminal court
A

Violation …….. new petition

FCA - FUTURE CLERK 2023: THE CLERKENING (46 decks)

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