Extreme Risk Protection Order (ERPO)

An Extreme Risk Protection Order (ERPO) is a Supreme Court order issued by a judge when a person poses a threat to themselves or others through the use of firearms.  An ERPO can be obtained by certain individuals to prohibit a person from purchasing or possessing guns and to surrender any guns in their possession.  It must be demonstrated to the judge the individual “is likely to engage in conduct that would result in serious harm to himself, herself, or others” (as defined in the state Mental Hygiene Law).

An ERPO can be requested by the following as petitioners:

  • Police Officers
  • District Attorneys
  • Family or household members (as defined in Social Services Law §459-a). This includes:
    • People legally married or divorced
    • People with a child in common, including adopted children
    • People related by marriage (in-laws)
    • People related by blood (siblings, parents, cousins, etc.)
    • Unrelated people who live, or have lived together for periods of time
    • Unrelated people in, or were in an intimate relationship (current or former)
  • School administrators. This includes anyone designated by the school to start the case (teachers, guidance counselors, school psychologist, school social worker, school nurse, coaches, etc.)

An ERPO can order an individual to:

  • Not have (possess) a firearm, rifle or shotgun
  • Not buy a firearm, rifle or shotgun
  • Not attempt to have or buy a firearm, rifle or shotgun
  • Give up any firearms, rifles or shotguns

If an ERPO is issued, law enforcement officials serving the order will confiscate all firearms and within six days, a hearing must be held to determine if there are grounds to make the temporary order permanent, by the court issuing a final extreme risk protection order, for up to one year.  The law also establishes procedures to request renewal of an expiring order and the process for returning weapons when an order expires.

To initiate a case to obtain an ERPO, an Index Number Application (fillable application) is to be completed and filed with the County Clerk.  Additional instructions and forms can be found on the New York State Courts website by clicking here https://ww2.nycourts.gov/erpo. ERPO requests during normal business hours will be processed by the Nassau County Court Clerk’s Office located at:

262 Old Country Road
Room 215
Mineola, New York 11501

Outside normal business hours please contact:
1-800-430-8457 or emergency@nycourts.gov