Giffords Applauds Governor Cuomo for Signing Legislation that Removes Guns From Dangerous People

February 25, 2019

New extreme risk protection order law will allow the removal of firearms from people in crisis

February 25, 2019 — Giffords, the gun violence prevention organization founded by former Congresswoman Gabrielle Giffords and Captain Mark Kelly, applauded Governor Cuomo for signing S2451, which creates a process for removing guns from people in a crisis.

“At a time when over a hundred Americans are dying every day from gun violence, we can’t wait for solutions to address the crisis,” said Gabrielle Giffords, co-founder of Giffords. “New York leaders understand that. They are part of the movement by states across the country to stand up to gun lobby pressure and pass stronger gun laws. This historic shift continues today with the passage of an extreme risk law that will help save lives. It could not have happened without the passionate leadership of Governor Cuomo and the courage of legislators like Majority Leader Andrea Stewart-Cousins and Senators Brian Kavanagh and Brad Hoylman along with Speaker Carl Heastie and Assemblymember JoAnne Simons who are willing to take on gun violence. Today we are building a brighter future for New York by making progress on gun safety.”

S2451, introduced by Senator Brian Kavanagh, establishes an ERPO which allows for 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.

BACKGROUND ABOUT EXTREME RISK PROTECTION ORDERS

Extreme Risk Laws create 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. 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.

Extreme Risk Laws create 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. These laws can save lives while ensuring critical legal protections for respondents, just as they have in states that have already taken this responsible step.
Extreme Risk Laws are based on the long-standing domestic violence protection orders (in place in all 50 states) and involve both a court hearing and clearly defined due process protections. Qualifying petitioners would be able to petition a civil court for an order based on evidence they present at a hearing before a judge.
Extreme Risk Laws give individuals an opportunity to present evidence to show they are not a danger to themselves or others. If a court issues an order, respondents would still be able to petition for early termination of the order and are eligible to have their firearms returned upon expiration of the order.
States with Extreme Risk 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 long-standing Extreme Risk Laws 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, researchers estimated that by temporarily removing weapons from 762 at-risk individuals, Connecticut’s law had saved up to 100 lives from suicide alone. In addition, nearly one third of respondents received critical mental health and substance abuse treatment as a result of the intervention. A total of 13 states now have Extreme Risk Laws in place.
Extreme Risk Laws are 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 Extreme Risk Laws, which can prevent suicidal individuals from accessing guns during a crisis, will likely save lives.

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