New York
Extreme Risk Protection Order
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.
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.1 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 relationship2), school administrators or their designee,3 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). 4, 5
There are two types of ERPOs: temporary ERPOs and final ERPOs. All petitioners first file an application for a temporary ERPO.6 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.7 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.8 A final ERPO lasts up to one year.9
New York’s ERPO law includes ex parte ERPOs issued by judicial officers; a hearing where the respondent is provided notice and an opportunity to participate; the respondent’s right to counsel (at no expense to the government); and the requirement of substantial and credible evidence (e.g. the enumerated factors the judicial officer must consider) to issue an ERPO.10
1 NY CLS CPLR § 6340
2 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.
3 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.
4 NY CLS CPLR § 6340
5 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).
6 NY CLS CPLR § 6342
7 NY CLS CPLR § 6342
8 NY CLS CPLR § 6342
9 NY CLS CPLR § 6343
10 NY CLS CPLR § 6343
