In 2019, New York enacted a law that enables certain individuals to petition a court to remove guns from a person in crisis. The law, called an Extreme Risk Protection Order (ERPO), allows the following categories of individuals to file a petition demonstrating to a judge that an individual poses a danger to himself, herself, or others:1
- Law enforcement officer (Law enforcement officers are required to file when they obtain credible information that an individual is likely to engage in conduct that would result in serious harm to himself, herself or others unless the officer determines that there is no probable cause for such filing.)
- Family or household members
- School administrators
- Certain categories of health care providers such as physicians and mental health workers.
A temporary ERPO can be obtained without notice to the individual subject to the ERPO. This order can last up to six days before a hearing is held to determine whether a year-long order is appropriate.2
If the court determines that the petitioner has met the standard of proof, it will issue an order that lasts up to one year. An individual subject to an ERPO must relinquish his or her guns to law enforcement and will be prohibited from possessing firearms for the duration of the order. An ERPO may also order law enforcement to search for guns in the respondent’s possession.3
The respondent can submit one request during the period of the order to hold a hearing to terminate the order early.4
Anyone who resides with someone subject to an ERPO is required to store their firearms securely.5
When a person is subject to an ERPO, the court is required to notify law enforcement and licensing officers about the existence of the order, and its existence must be recorded in a computerized statewide registry of protective orders and warrants for arrest.6
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