FORMS & INSTRUCTIONS – Application for an Extreme Risk Protection Order

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 district attorney, a police officer, a school official, or a 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 district attorney, a police officer, a school official, or a member of the respondent’s family or household.  No matter who starts the case, you must follow these steps:

  1. 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.
     
  2. 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:    Your application, supporting documents and any other papers filed in an ERPO case are kept confidential by the court and are not available to the public.
     
  3. 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:
    Screenshot of the UCS-840 Form, Part 1
    Screenshot of the UCS-840 Form, Part 2
    Field Name

    Field Entry

    Court: Select “Supreme” from the drop-down list.
    County: Select the county where the respondent lives from the drop-down list.
    Caption: Enter your full name in the Plaintiff/Petitioner field.
    Caption: Enter the full name of the person you want the court to issue an ERPO against in the Defendant/Respondent field.
    Nature of Action or Proceeding: Select “Extreme Risk Protection Order” in the Special Proceedings subsection.
    Status of Action or Proceeding: Answer “NO” for all three questions.
    Nature of Judicial Intervention: Select “Extreme Risk Protection Order Application.”
    Parties In the first row, 1) check the “Un-Rep” box, 2) enter your full name and select “Petitioner” as your role from the drop-down list in the Parties column, and 3) enter your address in the Attorneys and Unrepresented Litigants column.
    Parties: In the second row, 1) check the “Un-Rep” box, 2) enter the full name of the person you want the court to issue an ERPO against and select “Respondent” as their role from the drop-down list in the Parties column, 3) enter their address in the Attorneys and Unrepresented Litigants column, and 4) select “NO” in the Issue Joined column.
    Dated: In the “Dated” field, enter the date you are completing the form.
    Print Name: In the “Print Name” field enter your full name.
    Signature: In the “Signature” field, sign the form.

    NOTE: You can print a blank RJI form if you prefer to complete your RJI form by hand.
     
  4. Complete an Application to Waive Extreme Risk Protection Order Filing Fees, and print it to file with the court.

    By law, the court clerk must charge a $210 fee to assign an index number to a Supreme Court case.  District attorneys, police and public school officials are not required to pay the fee.  But, the law requires school officials from private schools and members of the respondent’s family or household to pay.  You can ask the court to waive the fee by completing and attaching a fee waiver application form.  If you attach this form to your ERPO application, the clerk will take your papers and bring them to the judge without payment of the fee.  The judge will decide your application for an ERPO and will also decide if you must pay the fee.  The fee waiver decision is completely separate from the judge’s decision on your ERPO application.  Use the fillable online fee waiver application form to complete and print your fee waiver request, and file it with the court along with your ERPO application.

    NOTE:    You can print a blank fee waiver application form if you prefer to complete your fee waiver application by hand.
     
  5. Bring the completed application, fee waiver and RJI forms and any supporting documents to the Supreme Court of the county where the respondent lives and file the papers.

    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.
     
  6. 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.

    NOTE:    If you are a private school official or a member of the respondent’s family or household, the judge will also decide your fee waiver application.  The judge’s decision on the fee waiver application is completely separate and has no impact on the judge’s decision on your ERPO application.
     
  7. 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.
     
  8. 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 where you are filing your application: 
    1. If you are filing an off-hours emergency application in one of the five counties (boroughs) of NY City when the Supreme Court is closed, you can go to the Criminal Court in that borough to file your emergency application during the following hours: Weeknights: (Monday - Friday) from 5:00PM to 1:00AM, except Richmond County (Staten Island) Criminal Court which is closed at night. Weekends: (Saturday - Sunday) and Court Holidays from 9:00AM to 1:00AM, except Richmond County (Staten Island) Criminal Court which is open from 9:30AM to 1:00PM on weekends and closed on court holidays.

      You can find the location of the Criminal Court by using the Court Locator search.
       
    2. If you are filing in any county outside NY City, use the following emergency phone number and/or email address to reach a Supreme Court judge to file your off-hours emergency application when the Supreme Court is closed: 1-800-430-8457 or emergency@nycourts.gov

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 PROTECTIVE ORDER (ERPO) FORMS

 

Application Form Fillable PDF Plain PDF

Request for Judicial Intervention (UCS-840)

Fillable PDF

Plain PDF

Temporary Extreme Risk Protection Order (UCS-6341)

Fillable PDF

Plain PDF

Waive Extreme Risk Protection Order Filing Fees (UCS-6341W)

Fillable PDF

Plain PDF

Amend or Vacate Extreme Risk Protection Order (UCS-6343V)

Fillable PDF

Plain PDF

Renewal of Extreme Risk Protection Order (UCS-6345A)

Fillable PDF

Plain PDF

Return Weapons to Lawful Owner UCS-6343A

Fillable PDF

Plain PDF

Return Weapons to Respondent UCS-6346A

Fillable PDF

Plain PDF