Bill > A03384

This bill amends existing law regarding extreme risk protection orders (ERPOs), which are legal mechanisms designed to temporarily remove firearms from individuals deemed to pose a significant risk to themselves or others. The bill expands the list of potential petitioners to include deputy sheriffs and clarifies the criteria for issuing these orders, replacing the previous language about "serious harm" with more specific definitions of substantial physical risk. The bill allows police officers, deputy sheriffs, and district attorneys to file ERPO applications when they have credible information that an individual is likely to engage in dangerous behavior, such as suicide attempts or violent actions that place others in reasonable fear of serious harm. The legislation also provides discretion for law enforcement to decline filing in certain circumstances, such as when the individual is already subject to an existing order, is incarcerated, or is a minor with limited risk. The bill maintains provisions for temporary and final protection orders, hearings, firearm surrenders, and record-keeping, while adding more nuanced language about evidence consideration and expanding the types of law enforcement personnel who can participate in the ERPO process.

Housing and Urban Affairs

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