Steps to Prepare and File an Extreme Risk Protection Order Application
An Extreme Risk Protection Order (ERPO) is a court order issued when a person may be dangerous to themselves or others. An ERPO prohibits a person from purchasing or possessing guns and requires the person to surrender any guns they already own or possess. An ERPO can also direct the police to search a person, premises or a vehicle for guns and remove them. An ERPO case may be started by a law enforcement agency, police officer, district attorney, school official, health care professional, or member of the person’s family or household. It is a civil case. ERPO cases have no criminal charges or penalties.
The petitioner is the person filing the ERPO application with the court. The respondent is the person you are asking the court to issue an ERPO against. The petitioner can be a law enforcement agency, police officer, district attorney, school official, health care professional, or member of the respondent’s family or household. No matter who starts the case, you must follow these steps:
- Complete an Application for a Temporary Extreme Risk Protection Order, and print it to file with the court. Use the fillable online ERPO application form to create your ERPO application and print it. Enter as much information as you can to help the judge decide if a temporary ERPO should be issued. In your application, you can ask the judge to keep your address and contact information confidential and/or keep your name anonymous if you think the respondent knowing your name, address or contact information will endanger your health or safety.
NOTE: You can print a blank ERPO application form if you prefer to complete your ERPO application by hand.
- Gather and attach any supporting documents to your application.
Supporting documents are not required, but if you have documents that will help the judge decide if an ERPO should be issued, you should attach them to your application.
NOTE: You may request that your application and supporting documents are kept confidential, and the judge will make a decision based upon the circumstances of the case.
- Complete a Request for Judicial Intervention (RJI) form and print it to file with the court. Use the fillable online RJI form, and complete the form fields as shown in the following Sample.
- Bring the completed ERPO application, RJI form, and any supporting documents to the Supreme Court in the county where the respondent lives and file the papers with the court. Use the Court Locator search to find the court’s address. Select the county where the respondent lives in the “Choose County” list, and select Supreme Court in the “Choose Court Type” list. Then, click “Find the Court” to show the court’s address.
- What happens when I get to court with my papers? The clerk will take your papers, assign an index number to the case, and bring your papers to the judge. The judge will decide if a temporary ERPO will be issued on the same day that you file the papers. If the judge issues a temporary ERPO, a police officer will bring a copy to the respondent and remove any guns that the respondent owns or possess.
- What happens next? After the judge decides your application for a temporary ERPO, a hearing is scheduled for the judge to decide if a final ERPO will be issued. The hearing is usually held within 3 to 10 days later. The court will notify both you and the respondent of the hearing date. At the hearing, both sides can testify, call witnesses and give evidence to support their side of the story. Then, the judge will decide if a final ERPO will be issued. A final ERPO can be issued for up to one year. If the judge does not issue a final ERPO, the case is over.
- What if there is an emergency and the Supreme Court is closed? The Supreme Court is normally open Monday through Friday from 9:00AM to 5:00PM. The court is closed at night and on weekends and court holidays. If your application is an emergency and you must file it outside of normal business hours, please follow the appropriate procedure based upon the county where you are filing your application:
- If you have an off-hours emergency application in Bronx, Kings (Brooklyn), New York (Manhattan), or Queens, go to the Criminal Court in that borough and a judge will hear your emergency application during the following hours:
Weeknights: (Mon - Fri) 5:00PM to 1:00AM
Weekends: (Sat - Sun) and Court Holidays: 9:00AM to 1:00AM - If you have an off-hours emergency application in any county outside New York City or in Richmond County (Staten Island), use the following phone number or email address to reach a Supreme Court judge to hear your emergency application when the Supreme Court is closed: 1-800-430-8457 or [email protected]
- If you have an off-hours emergency application in Bronx, Kings (Brooklyn), New York (Manhattan), or Queens, go to the Criminal Court in that borough and a judge will hear your emergency application during the following hours:
What can happen AFTER a final ERPO is issued?
- Change in circumstances. Only once during the time an ERPO is in effect, the respondent can file an Application to Amend or Vacate Extreme Risk Protection Order if there is a change in circumstances.
To make an application to vacate or amend the ERPO, complete and print the fillable online application form, and file it with the court. The court must schedule and hold a hearing. The court sends the petitioner a copy of your application form, and the court notifies both you and the petitioner of the hearing date. At the hearing, both sides can testify, call witnesses and give evidence to support their side of the story. Then, the judge will decide if there is a substantial change in circumstances and if the ERPO should be vacated or amended.
NOTE: You can print a blank application form if you prefer to complete the application by hand.
- Renew a final ERPO. Within 60 days before a final ERPO expires, the petitioner can file an Application for Renewal of Extreme Risk Protection Order with the court. To make an application to renew the ERPO, complete and print the fillable online application form and file it with the court. You must also serve the respondent with a copy of the renewal application. The court must schedule and hold a hearing. The court notifies both you and the respondent of the hearing date. At the hearing, both sides can testify, call witnesses and give evidence to support their side of the story. Then, the judge will decide if the ERPO will be renewed. The ERPO can be renewed for up to one year. If the judge does not renew the ERPO, the case is over.
NOTE: You can print a blank application form if you prefer to complete the renewal application by hand.
- Return guns to lawful owner. If the respondent is not the lawful owner of guns that were surrendered to or removed by the police, the lawful owner can apply to have the guns returned. To make an application to have your guns returned, complete and print the fillable online application form, and file it with the court. The applicant must attach proof of ownership and show they can legally possess the guns. Then, the court will decide if the guns should be returned to the applicant.
NOTE: You can print a blank application form if you prefer to complete the application by hand.
- Return guns to respondent. When a final ERPO expires and it is not renewed, the respondent can apply to have any guns that were surrendered to or removed by the police returned. To make an application to have your guns returned, complete and print the fillable online application form and file it with the court. You must attach proof of ownership and show that you can legally possess the guns. The court will send a copy of the application to the petitioner and any licensing officers who have issued a gun permit to you. If the petitioner or a licensing officer objects to you getting the guns back, the court must schedule and hold a hearing. The court notifies you, the petitioner and the licensing officers of the hearing date. At the hearing, the parties can testify, call witnesses and give evidence to support their side of the story. Then, the court will decide if the guns should be returned to you.
NOTE: You can print a blank application form if you prefer to complete the application by hand.
Extreme Risk Protection Order (ERPO) Forms
Application Form | Fillable PDF | Plain PDF |
---|---|---|
Request for Judicial Intervention (UCS-840) | ||
Temporary Extreme Risk Protection Order (UCS-6341) | ||
Amend or Vacate Extreme Risk Protection Order (UCS-6343V) | ||
Renewal of Extreme Risk Protection Order (UCS-6345A) | ||
Return Weapons to Lawful Owner UCS-6343A | ||
Return Weapons to Respondent UCS-6346A |