About Extreme Risk Protection Orders

Extreme Risk Protection Orders (ERPO) keep guns away from people who are at a high risk of using them to hurt other people or themselves. It can order someone to:

• Not have (possess) a firearm, rifle or shotgun
• Not buy a firearm, rifle or shotgun
• Not attempt to have or buy a firearm, rifle or shotgun
• Give up any firearms, rifles or shotguns

An ERPO can be ordered by a Judge very quickly. Read Basic Steps in an Extreme Risk Protection Order Case.

Read CPLR 63-A.

Who Can Ask for an Extreme Risk Protection Order

A person asking for an ERPO is the petitioner. The petitioner can be:

• Police officers
• District Attorneys
• Family or household members. This includes:
  • people legally married or divorced
  • people with a child in common, including adopted children
  • people related by marriage, like in-laws
  • people related by blood, like brothers, parents, cousins
  • unrelated people who live, or have lived together for periods of time
  • unrelated people in, or were in an intimate relationship (current or former), like same-sex couples and teens who are dating
• School administrators. This includes certain people chosen by the school to start the case, like, teachers, guidance counselors, school psychologist, school nurse and coaches.

The petitioner files a petition to start a case in the Supreme Court. Read Applying for an Extreme Risk Protection Order. The application for a temporary ERPO is decided by the judge on the same day, aand a hearing date is set quickly for the judge to decide if a final ERPO will be ordered for up to 1 year.

Your Safety and Privacy

If you think you will be in danger if the person at risk of using guns knows who you are, the court can order your name and address kept a secret. Ask for this when you fill out the Application form. Or tell the police or District Attorney to ask for this.

The person at risk of using guns will learn who you are at the hearing, but your address can be kept hidden.

Important! An Extreme Risk Protection Order does not order the person at risk to stay away from you. There are other kinds of Orders of Protection that can protect you and also take away guns.

What an Extreme Risk Protection Order Can’t Do

An ERPO can’t order a person to:

• Stop threatening or committing abuse
• Stay away from your home, job, or school
• Have no contact with you or others
• Follow custody orders
• Pay child or spousal support

An ERPO has no criminal charges or penalties.

If you need more protection for yourself or a family member, visit Domestic Violence. There are other kinds of Orders of Protection that can take guns away and may be better for protecting you.