Westchester ERPO Lawyers
Protecting Your Gun Rights
In August of 2019, New York’s Extreme Risk Protection Order (ERPO)
law went into effect.
CPLR 63-A, also known as a Red Flag law, allows specific individuals to petition
a court to order that your firearms rights be suspended if they believe
you are a danger to yourself or someone else. You will find ERPO in Domestic
Violence cases often. In some cases, a temporary order, called an ex-parte,
could be issued, which means your guns could be taken away even before
you’ve had a chance to defend yourself in court. When you are scheduled
for a hearing, although the petitioner has the burden to prove that the
ERPO should be issued, you must present arguments that assert otherwise.
To effectively prepare for a hearing and work to protect your gun rights,
you must gather evidence that clearly supports your arguments that the
petitioner’s request should be denied. During the hearing, you will
present your case in a court, which requires that you follow specific
rules. The Law Offices of Robert Schuster is ready to provide skilled
legal counsel throughout the ERPO process.
If you were served with an ERPO, call (914) 241-0004 for the legal representation you need!
What Is the ERPO Process?
The extreme risk protection order process begins with an individual filing
a petition with the court. They must provide documents supporting their
claim that your possessing firearms puts you at risk of hurting others
or yourself. The judge will review the information to determine if a temporary
order should be issued or if a hearing should be scheduled.
When deciding whether or not to issue a temporary order, the judge will
consider many factors, such as the respondent has:
- Threatened or used violence against themselves or others;
- Violated an existing protection order;
- Been charged with a weapons offense;
- Recklessly used, displayed, or brandished a firearm;
- Previously violated an ERPO; or
- Abused the use of alcohol or drugs
If a temporary ERPO is granted, the court will send you a notice about
the order, letting you know:
- Why the order was granted
- When it expires
- Which court issued the order
- Where you must surrender your firearms
The court will schedule a hearing between 3 and 6 days after issuing the
temporary order. Otherwise, your hearing will be scheduled within 10 business
days of the date the application was filed.
During the hearing, the court will decide whether or not to issue a final
order and if your firearms should be returned if you were required to
An extreme risk protection order is valid for up to 1 year.
What Does an ERPO Do?
If a judge decides that the petitioner has provided clear and convincing
evidence that you could be a danger to yourself or others, they will issue
an ERPO against you.
The extreme risk protection order will:
- Prohibit you from possessing a firearm, rifle, or shotgun
- Stop you from buying or attempting to buy a firearm, rifle, or shotgun
- Require you to surrender any firearms, rifles, or shotguns you currently have
Who Can Petition for an Extreme Risk Protection Order?
If a person believes that you might harm yourself or others, they could
petition the court in the jurisdiction where you live to issue an ERPO
against you. The person submitting the request is called the petitioner.
An ERPO petitioner could be a:
- Police officer,
- District Attorney,
- Family or household member, or
- School administrator
Get Results-Driven Defense in Westchester
If you’ve received notice that a petition for an extreme risk protection
order has been filed against you, contact a lawyer as soon as possible.
The Law Offices of Robert Schuster will help develop a defense to fight
the order and work to protect your gun rights.
Discuss your case during a free phone consultation by calling (914) 241-0004.