Orange County District Attorney David M. Hoovler announced that his Office presented a training program on June 28 to members of law enforcement regarding amendments to laws authorizing Extreme Risk Protection Orders (ERPOs). The training provided information about the mechanism to take guns away from people who are likely to hurt themselves or others. Counsel to the District Attorney Stewart Rosenwasser gave the presentation to a crowd of law enforcement professionals who are the front-line in handling instances giving rise to an ERPO.
Under Article 63-A of New York’s Civil Practice Law and Rules, passed in 2019, the New York Supreme Court can issue an ERPO against a person who possesses or has access to certain types of guns. Police officers, school administrators, or district attorneys, or family or household members of the person are permitted to file a petition in Supreme Court, seeking an ERPO. After a hearing, if the court determines that the person is likely to engage in conduct that would result in serious harm to the person or to others, the court may issue an ERPO.
The order would require that firearms, rifles, or shotguns that the person possesses, or has access to, be surrendered to police, and would permit police to seize guns of those types from the person. There are time limits on the length of an ERPO, and the order may be renewed under certain circumstances.
“I fully support an individual’s constitutional right to bear arms,” said Hoovler. “Hopefully, this training will help to equip law enforcement with the information they need to implement procedures to utilize ERPOs where appropriate.”