Bill > A03384

This bill modifies New York's existing law on Extreme Risk Protection Orders (ERPOs) by refining the definition of "exception" and adjusting the criteria for filing and issuing these protective orders. Specifically, the bill defines an "exception" as a respondent who meets certain conditions, such as previously being deemed unsuitable to possess a firearm, having a felony conviction, having a current suspension order, or being under 16 years old with specific mitigating circumstances. The bill gives police officers and district attorneys the discretion to file an ERPO application when they receive credible information about an individual likely to cause serious harm, with the caveat that they may choose not to file if an "exception" exists. The bill also modifies the standard for issuing a temporary protective order, changing the language from preventing "serious harm" to addressing "substantial risk of physical harm" to oneself or others. These changes aim to provide more nuanced guidance for law enforcement and courts when considering protective orders, balancing public safety concerns with individual circumstances. The modifications seek to clarify the conditions under which an ERPO can be sought and issued, potentially making the process more precise and flexible.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A3384