New York's red flag law, formally the Extreme Risk Protection Order (ERPO) law, lets a court temporarily bar a person who poses a danger to themselves or...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
New York's red flag law, formally the Extreme Risk Protection Order (ERPO) law, lets a court temporarily bar a person who poses a danger to themselves or others from buying or possessing firearms, and order any guns they own to be surrendered. It is codified in the Civil Practice Law and Rules, Article 63-A (CPLR 6340 through 6347), and took effect on August 24, 2019.
ERPO is a civil process. An ERPO by itself carries no criminal charge or penalty (although possessing a gun in violation of an order, or making a false statement in a petition, can be separately punished).
An Extreme Risk Protection Order is a civil court order that can do the following (CPLR 6342, 6343):
There are two kinds of order. A temporary ERPO is issued ex parte (without the respondent present) on a showing of probable cause and lasts until the hearing. A final ERPO is issued after a hearing and lasts up to one year, with possible renewal.
CPLR 6340 defines who may serve as a "petitioner." The categories are:
Mandatory filing for law enforcement. Under CPLR 6341, a police officer, district attorney, or law enforcement agency with jurisdiction where the respondent resides must file an ERPO application upon receiving credible information that the person is likely to engage in conduct that would result in serious harm to themselves or others, unless the officer determines there is no probable cause for the filing. The 2022 amendments added this mandatory-filing duty.
The petitioner files a sworn application, with any supporting documentation, in the Supreme Court of the county where the respondent resides (CPLR 6341). The application form, adopted by the Office of Court Administration, asks whether the petitioner knows or has reason to believe the respondent owns or has access to firearms and, if so, to describe them and their locations. New York does not charge an index-number filing fee for an ERPO petition.
The court decides the application for a temporary ERPO in writing on the same day it is filed (CPLR 6342). The standard is probable cause to believe the respondent is likely to engage in conduct that would result in serious harm to themselves or others, as defined in Mental Hygiene Law 9.39(a)(1) or (2). In deciding, the court weighs statutory factors including threats or acts of violence, violations of an order of protection, pending weapons charges, reckless display of a firearm, substance or alcohol abuse, recent acquisition of a firearm, and recent aggravated cruelty to animals. If granted, the order is served on the respondent and law enforcement removes any firearms the respondent owns or possesses.
The court holds a hearing on whether to issue a final ERPO. When a temporary order was issued, the hearing is held no sooner than three business days and no later than six business days after the temporary order is served (the court may extend this to no later than ten business days for good cause, such as to give a party time to prepare). Where no temporary order was issued, the hearing is held no later than ten business days after service of the application (CPLR 6343).
At the hearing, both sides may testify, call witnesses, and present evidence. The petitioner bears the burden of proving, by clear and convincing evidence, that the respondent is likely to engage in conduct that would result in serious harm. This is a higher standard than the probable cause used for a temporary order. If the court grants a final ERPO, it remains in effect for up to one year (CPLR 6343). If the court denies it, the case ends and any surrendered firearms are addressed under CPLR 6346.
An ERPO is limited to firearms. It cannot order a person to:
For broader personal protection, a separate order of protection through the Family Court or criminal court may be more appropriate. Those orders can also include firearm surrender provisions and can impose stay-away and no-contact conditions that an ERPO cannot.
Supreme Court is generally open during regular business hours on weekdays. New York courts maintain procedures for emergency ERPO applications outside those hours, including designated arrangements in New York City and a process to reach an on-call Supreme Court justice elsewhere in the state. Current contact details and forms are published by the New York State Unified Court System at nycourts.gov.
A petitioner may ask the court to keep their address and contact information confidential when disclosure could endanger their safety. The respondent will learn the petitioner's identity at the hearing, but the petitioner's address can remain sealed. Confidentiality should be requested at the time of filing.
| Section | Subject |
|---|---|
| CPLR 6340 | Definitions, including who may be a petitioner |
| CPLR 6341 | Application for an ERPO; mandatory filing by law enforcement |
| CPLR 6342 | Issuance of a temporary ERPO (probable cause, same-day decision) |
| CPLR 6343 | Issuance of a final ERPO (hearing, clear and convincing evidence, up to one year) |
| CPLR 6344 | Surrender and removal of firearms |
| CPLR 6345 | Request for renewal |
| CPLR 6346 | Expiration of an ERPO and return of firearms |
| CPLR 6347 | Reporting and recordkeeping |
United States v. Rahimi (2024). In United States v. Rahimi, 602 U.S. 680 (2024), the U.S. Supreme Court upheld the federal firearm prohibition at 18 U.S.C. 922(g)(8) for a person subject to a qualifying domestic-violence restraining order, holding that disarming someone a court has found to be a credible threat to another's physical safety fits the Nation's historical tradition of firearm regulation under New York State Rifle and Pistol Association v. Bruen, 597 U.S. 1 (2022). Rahimi is the controlling Supreme Court authority on firearm disabilities tied to judicial dangerousness findings, and it informs the constitutional footing of state red-flag frameworks like New York's ERPO law to the extent they rest on similar findings. A New York ERPO is a state civil order and is distinct from the federal 18 U.S.C. 922(g)(8) prohibitor, which is triggered only by a qualifying domestic-violence restraining order that meets the federal statute's specific requirements.
This page covers one part of our New York concealed carry guide.
Read the complete New York guideBrowse local instructors offering state-approved training in your area. Book online, complete your training, and get one step closer to your concealed carry permit.