Governor Kathy Hochul on Thursday announced that a new law (S.3340/A.5873) designed to enhance safeguards afforded by the State’s Red Flag Law is now effective. Courts across New York State must now notify the statewide registry of orders of protection and warrants when judges issue a temporary and/or final extreme risk order of protection. This notification codifies what courts were doing in practice and aims to ensure that these orders don’t fall through the cracks. Courts statewide have ordered nearly 14,000 temporary and permanent Extreme Risk Protection Orders through February 3, 2025 — more than 12 times the number of orders issued before Governor Hochul took action to strengthen State law following the racially motivated mass shooting in Buffalo on May 14, 2022. Governor Hochul previously signed the legislation on October 9, 2024, as part of a package of bills aimed at reducing gun violence and strengthening New York’s gun laws.
“Public safety is my number one priority — that’s why I signed legislation strengthening our Red Flag Laws to keep weapons away from individuals who are a risk to themselves and others,” Governor Hochul said. “By empowering law enforcement and judges to take action, we’re getting guns off our streets and making our communities safer.”
A gunman motivated by hate murdered 10 individuals, physically injured three others and terrorized a community when he drove more than 200 miles to commit an act of mass violence at the Tops Supermarket on Buffalo’s East Side. Three days later, Governor Hochul issued Executive Order 19, directing the New York State Police to seek an ERPO when there is probable cause to believe an individual is likely to engage in conduct that would result in serious harm to themselves, or others, as defined in the State’s Mental Hygiene Law.
Less than a month later on July 6, 2022, Governor Hochul signed a law requiring all police departments, sheriffs’ offices and district attorneys’ offices to file an ERPO petition under the same standard in State law used by the State Police. This law also expanded the list of who is eligible to file for an ERPO to include health care practitioners who have examined an individual within the last six months and required reports by mental health practitioners about potentially harmful individuals to be considered closely when determining whether to issue a firearm license.
From August 25, 2019, through December 31, 2019, courts across the State ordered 148 temporary or permanent orders. Those numbers less than doubled for the 2020 (252 ERPOs) and 2021 (286 ERPOs) calendar years. ERPOs issued by courts increased nearly tenfold after the Governor and Legislature acted in 2022, with 2,363 orders issued that year. In 2024 alone, the number of ERPOs issued statewide totaled 5,357.
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