New York’s new Extreme Risk (“Red Flag”) Protection Order bill takes effect on August 24, 2019.

The law establishes a court process for removing firearms from individuals who pose a serious threat to themselves or others.

NYAGV will be holding public forums throughout the state to educate community members about the law and how to apply for an extreme risk protection order. (Watch for announcements about the dates and locations of the forums.)

About the Extreme Risk Protection Order (“Red Flag”) Law (effective 8/24/19)

In many cases of gun violence — including mass shootings, interpersonal violence, and suicide — the shooter’s family members or school officials see warning signs before the fatal act of gun violence occurs. However, they often feel powerless, and are unable to intervene — even with law enforcement support — before tragedy occurs. ERPO addresses this gap and creates a legal framework that respects due process and each individual’s rights while preventing gun violence.

If, upon a petition from a family member, school official, or law enforcement official, a court finds the individual is likely to harm him- or herself or others, the judge may issue an initial temporary ERPO, and the individual will be required to surrender any guns to the proper authorities and will be prohibited from purchasing guns. After a second hearing, the judge may extend the order for up to a year — at which point it will expire, unless a petition is filed to renew the order.

Those subject to ERPOs will have an opportunity during the year-long ERPO period to petition the court and present evidence as to why the order should be lifted. If the order expires and is not renewed or if the order is lifted, guns surrendered will be returned to the individual and all records of the proceedings will be sealed.