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Extreme Risk Protection Orders

Commonly known as the “Red Flag Law,” the Extreme Risk Protection Order legislation was enacted in an effort to prevent at-risk individuals from causing harm to themselves or others by use of a firearm. This state law allows certain authorities and individuals to petition the Court to prevent an individual who poses a potential threat from possessing, purchasing or attempting to purchase guns in New York.

Only certain authorities and individuals who have direct knowledge that the at-risk person poses a potential threat to themselves or others can file a petition to temporarily remove their known access to firearms. Petitions can be filed by law enforcement, school administrators, District Attorneys, County Attorneys, certain medical professionals and counselors, or a member of the at-risk person’s family or household. Prosecutors in this bureau can assist these certain authorities with filing temporary Extreme Risk Protection Order (ERPO) petitions.

Action may be taken quickly as temporary ERPO petitions are presented to a State Supreme Court judge who may render a decision on the day same day that the petition is presented. The Court must find that the individual is “likely to engage in conduct that would result in serious harm to himself, herself, or others” in order for a temporary ERPO to be issued.

If the ERPO petition is granted by the Court, the order will temporarily prohibit the person from “purchasing, possessing, or attempted to purchase a firearm, rifle, or shotgun.” The order allows authorities to seize any firearms possessed by the individual. The ERPO order can remain in effect for up to one year and can be subject to renewal.