Extreme risk protection orders
New York's red flag law lets a police officer, district attorney, family or household member, school administrator, or a health care practitioner who has treated the respondent in the previous six months petition a court for an extreme risk protection order. A temporary order issues on probable cause; a final order requires clear and convincing evidence and runs up to one year. An ERPO requires surrender of all firearms, rifles and shotguns and suspension or revocation of any firearm license.
01Who may petition
A petitioner may be a police officer or district attorney with jurisdiction where the respondent resides; a family or household member as defined in Social Services Law §459-a; a school administrator or designee of a school in which the respondent is currently enrolled or was enrolled within the preceding six months; or a licensed health care practitioner who has treated the respondent within the six months preceding the filing.
A law enforcement agency employing a police officer, or a police officer or district attorney with jurisdiction, shall file an application upon receipt of credible information that an individual is likely to engage in conduct that would result in serious harm to themselves or others, unless the officer determines there is no probable cause for such filing.
02The structure of the article
- §6340
- Definitions.
- §6341
- Application for an extreme risk protection order.
- §6342
- Issuance of a temporary extreme risk protection order.
- §6343
- Issuance of a final extreme risk protection order.
- §6344
- Surrender and removal of firearms, rifles and shotguns.
- §6345
- Request for renewal.
- §6346
- Expiration.
- §6347
- Effect of findings in subsequent proceedings.
- §6348
- Protections for health care providers applying for an ERPO.
03What an order does
Issuance of an extreme risk protection order triggers surrender of all firearms, rifles and shotguns and suspension or revocation of any firearm license, and a person subject to an ERPO is a prohibited person for purposes of the safe-storage duty owed by anyone residing with them.
A court may issue a temporary extreme risk protection order upon a finding that there is probable cause to believe the respondent is likely to engage in conduct that would result in serious harm to themselves or others. The court then holds a hearing no sooner than three and no more than six business days after service of the temporary order.
For a final order the petitioner bears the burden of proving, by clear and convincing evidence, that the respondent is likely to engage in conduct that would result in serious harm. A final order runs for a period of up to one year — measured from the issuance of the temporary order where one preceded it — and may be renewed.
On expiration, the order and all records of the proceedings are sealed, the court clerk notifies the Division of Criminal Justice Services, police, and licensing officers, and the respondent may apply to the court for return of surrendered firearms unless a licensing officer seeks revocation.
Who can file a red flag petition in New York?
Under CPLR §6340(2): a police officer or district attorney with jurisdiction, a family or household member, a school administrator of a school the respondent attends or attended within six months, or a licensed health care practitioner who has treated the respondent within the previous six months.
Does an ERPO affect my gun license?
Yes. It requires surrender of firearms and suspension or revocation of any firearm license, and it also triggers the safe-storage duty for anyone who lives with the respondent and owns a firearm.
Reading the law is step one. Applying is step two.
Our main website turns everything on this page into a tracked application: a personalized document checklist, character-reference invitations, training coordination, and a case file that shows exactly what is outstanding.
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