Does New York Have a Red Flag Law?
Woody's answers are based on published federal and state law. Not legal advice. Consult a licensed attorney for your specific situation.
Yes, New York has an Extreme Risk Protection Order (ERPO) law, commonly called a red flag law. It allows certain people to petition courts to temporarily remove firearms from individuals who may pose a risk.
What This Means for You
New York's red flag law means that family members, law enforcement, and certain others can petition to have your firearms temporarily seized if they believe you pose a danger. This creates potential legal exposure for gun owners and builders who may find their collections subject to court orders. The process can happen relatively quickly and affects all firearms in your possession.
The Detail
New York enacted its Extreme Risk Protection Order law in 2019, joining several other states with similar legislation. The law allows family members, household members, law enforcement officers, and school administrators to petition a court for an order to temporarily remove firearms from someone they believe poses a significant risk of harm to themselves or others. The initial order can be issued without the gun owner present.
The process typically starts with a temporary order that can last up to several days, followed by a hearing where the gun owner can respond. If the court finds sufficient evidence, it can issue a final order lasting up to one year. The petitioner must demonstrate by clear and convincing evidence that the person poses a substantial risk. During this time, the subject is prohibited from purchasing or possessing firearms.
Violating an ERPO is a criminal offense in New York. The law includes provisions for the safe storage and return of seized firearms, though the practical implementation can vary by jurisdiction. Gun owners subject to an ERPO have the right to legal representation and can petition for the return of their firearms.
The law intersects with other New York firearms regulations, including the state's licensing requirements and safe storage laws. If you're subject to an ERPO, you should consult with an attorney familiar with New York firearms law immediately. The specific procedures and timelines should be verified through official state resources, as implementation details can change.
Build Impact
If you're building firearms in New York, an ERPO could result in the seizure of your entire collection, including completed builds and components that constitute firearms under state law. This makes secure storage and maintaining positive relationships particularly important for builders who may have invested significant time and money in their projects.