Giffords Urges New York Senate Judiciary Committee to Advance Extreme Risk Protection Order Bill, Urges Senate to Immediately Vote on the Legislation

May 22, 2018

May 22, 2018— Today, Giffords , the gun safety organization founded by former Congresswoman Gabrielle Giffords and Captain Mark Kelly, urged the New York State Senate Judiciary Committee to advance S 7133, the Extreme Risk Protection Order legislation, and immediately schedule a floor vote on this life-saving legislation.

“After another heartbreaking school shooting and the continued daily toll of gun deaths, New Yorkers, and all Americans, are renewing their calls for action. Today, the New York Senate Judiciary Committee is taking action on a bill that will help protect the state’s families and communities from gun violence,” said Nico Bocour, State Legislative Director of Giffords. “We urge them to advance the bill and immediately schedule a floor vote. The Senate must pass this life-saving policy and demonstrate that New York is again willing to lead the nation in protecting its citizens. We thank State Senators Brian Kavanagh and Brad Hoylman for their sponsorship and courageous commitment to this important legislation.”

Extreme Risk Protection Order (ERPO): S. 7133 would establish a judicial process to acquire an order of protection so that an individual in crisis would be temporarily prohibited from firearm possession. New York joins other states that have introduced ERPO bills backed by Giffords. Last month, Maryland’s GovernorLarry Hogan signed an ERPO bill into law .

While the state has worked hard to better protect communities by passing lifesaving legislation, a recent analysis from Giffords Law Center to Prevent Gun Violence makes clear that work remains. The report, “ The Economic Cost of Gun Violence in New York ,” finds the overall economic cost of gun violence exceeds $5.6 billion a year, with a direct annual cost to New York taxpayers of approximately $433 million.

About the Extreme Risk Protective Order

The Extreme Risk Protective Order (ERPO) is a civil court order issued by a judge upon consideration of evidence provided by a family member or law enforcement officer that temporarily prohibits a person in crisis from possessing or purchasing firearms or ammunition. A common thread in many shootings is that family members of the shooters had noticed their loved ones engaging in dangerous behaviors and were concerned about their risk of harming themselves or others – even before any violence occurred.

An ERPO creates a mechanism for families and law enforcement to temporarily prevent access to guns by individuals who pose an elevated risk of endangering themselves or others. This law can save lives while ensuring critical legal protections for respondents, just as it has in states that have already taken this responsible step.
The ERPO is based on the long-standing domestic violence protection orders (in place in all 50 states) and involves both a court hearing and clearly defined due process protections. Qualifying petitioners would be able to petition the civil court in their jurisdiction for an ERPO based on evidence they present through a written application and at a hearing before a judge.
The ERPO gives individuals an opportunity to present evidence to show they are not a danger to themselves or others. If a court issues an ERPO, respondents would still be able to petition once for termination of the order and be eligible to have their firearms and ammunition returned upon expiration of the order.
States with ERPO laws have seen positive results and are saving lives. California enacted this life-saving law in 2014, and Washington voters overwhelmingly passed it in November 2016. Connecticut and Indiana have similar versions that allow law enforcement officers to intervene when people are in crisis and have easy access to guns. In the first 14 years of the implementation of Connecticut’s law, it is estimated that between 38-76 lives were saved as a result of risk-warrants. In addition, nearly one-third of respondents received critical mental health and substance abuse treatment as a result of the intervention.
The ERPO is a particularly important tool to help prevent suicides. Those in a suicidal crisis are much more likely to survive if they do not have easy access to firearms for the duration of the crisis. Research shows that people are more likely to die by suicide if they have easy access to firearms. Eighty-five percent of suicide attempts involving firearms are fatal. Nine out of 10 people who survive a suicide attempt do not die by suicide at a later date. These facts demonstrate that the ERPO, which can prevent suicidal individuals from accessing guns during a crisis, will likely save lives.

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