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) law, allows a law enforcement officer, family or household member, or school administrator to file a petition demonstrating to a judge that an individual poses a danger to himself, herself, or others.1 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.2
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.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
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- NY S 2451/ A 2689.