New York
In New York, an Extreme Risk Protection Order (ERPO) temporarily prohibits a person who is likely to engage in conduct that would result in serious harm to self or others from purchasing, possessing or attempting to purchase or possess a firearm. In New York, eligible petitioners include law enforcement officers, district attorneys, family or household members (including persons related by blood or marriage, current or former spouses, persons with a child in common, household members, and persons in an intimate relationship1), school administrators or their designee2, and health care practitioners (including licensed physicians, licensed psychiatrists, licensed psychologists, registered nurses, licensed clinical social workers, certified clinical nurse specialists, certified nurse practitioners, licensed clinical marriage and family therapists, registered professional nurses, and licensed master social workers or licensed mental health counselors).3
There are two types of ERPOs: temporary ERPOs and final ERPOs. All petitioners first file an application for a temporary ERPO. A temporary ERPO is in effect for a maximum of six business days from when the order was served until the hearing for a final ERPO. If a judge does not issue a temporary ERPO, the hearing for a final ERPO will be held no later than 10 business days after the ERPO application is served on the respondent. A final ERPO lasts up to one year.
New York’s ERPO law, like other Extreme Risk Protection Order laws, includes due process protections to ensure fairness. Due process protections in New York’s ERPO law include ex parte ERPOs issued by judicial officers; a post-deprivation hearing where the respondent is provided notice and an opportunity to participate; and the requirement of substantial and credible evidence (e.g. the enumerated factors the judicial officer must consider) to issue an ERPO.
Explore the following resources to learn more about New York’s ERPO law:
- Extreme Risk Protection Order Process in New York
- Extreme Risk Protection Order & Order of Protection: How do they differ?
- Extreme Risk Protective Order, Emergency Admission, Involuntary Inpatient Admission & SAFE Act: How do they differ?
- New York Court Resources
- New York Educators Resource
Background: New York’s ERPO law was signed by Gov. Andrew Cuomo on February 25, 2019, and went into effect on August 24, 2019. It is the first ERPO law to include school administrators as eligible petitioners. New York launched several statewide resources to educate potential ERPO petitioners: conferences for teachers and parents to learn about ERPO, a website with step-by-step instructions for how to apply for an ERPO, and a call center with trained staff available to answer questions from potential petitioners about ERPO. The call center is staffed Monday through Friday from 8 am to 9 pm and can be reached at 1-877-697-0101.
1 Factors that may be considered to determine if an “intimate relationship” exists include: the nature or type of relationship; the frequency of interaction between the persons; and the duration of the relationship. N.Y. Soc. Serv. Law § 459-a.
2 The school administrator may be from any school in which the respondent is currently enrolled or has been enrolled in the six months immediately preceding the filing of the petition. The school administrator's designee must be employed at the same school as the school administrator and shall be any of the following who has been designated in writing to file a petition with respect to the respondent: a school teacher, school guidance counselor, school psychologist, school social worker, school nurse, or other school personnel required to hold a teaching or administrative license or certificate, and full or part-time compensated school employee required to hold a temporary coaching license or professional coaching certificate. N.Y. CPLR § 6340(2); N.Y. Soc. Serv. Law § 459-a.
3 The health care practitioners must have treated the respondent within the six months immediately preceding the filing of the petition to be valid ERPO petitioners. N.Y. CPLR § 6340(2).