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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!


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 surrender them.

An extreme risk protection order is valid for up to 1 year.


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


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


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.

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