Extreme Risk Protection Orders

Extreme Risk Protection Orders do not become law until August 24, 2019. More information will be posted soon.

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 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 anyone 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. The application for a temporary ERPO is decided by the judge on the same day, and you get a hearing date quickly for the judge to decide if a final ERPO will be ordered for up to 1 year.

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.

Related Information:

YouTube DIY Forms Ask a Law Librarian