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 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.