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: Nueva York

Órdenes de Restricción

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Actualizada: 
12 de abril de 2019

What is an extreme risk protection order?

An extreme risk protection order is a civil court order prohibiting an individual (called the respondent) from purchasing, possessing, or attempting to purchase or possess a:

  • firearm
  • rifle; or
  • shotgun.1

Extreme risk protection orders are used to prevent the respondent from using a firearm to harm him/herself or others.2

1 NY ​CPLR § 6340(1)
2 NY ​CPLR § 6342(1)

Who can file for an extreme risk protection order?

You can file for an extreme risk protection order if the respondent is at risk of using a firearm to harm him/herself or others. Additionally, to file for an extreme risk protection order, you must be:

  • the respondent’s “family or household member;”
  • a police officer;
  • district attorney; or
  • employed at the respondent’s current school, or a school that s/he attended in the past six months, as a “school administrator” or the “school administrator’s employee (designee)”.1

Family or household members include:

1. the respondent’s:

  • current or former spouse;
  • relative by blood or marriage;
  • current or former relationship partner;

2. a person who has a child with the respondent;
3. a person who lives or has lived with the respondent; and
4. any other person who is legally considered a victim of domestic violence by the office of children and family services.2

A school administrator is the school principal or other similar type of school leader.3 A school administrator’s designee includes anyone picked by the school to start a case, including:

  • teachers;
  • guidance counselors;
  • school psychologists;
  • school nurses; and
  • coaches.4

1 NY ​CPLR § 6340(2)
2 NY ​Soc Serv § 459-A(2)
3 NY ​Educ § 459-A(2)
4 NY ​CPLR § 6340(2); New York Courts website

What types of orders are there? How long do they last?

There are two types of extreme risk protection orders: temporary extreme risk protection orders and final extreme risk protection orders.

Temporary extreme risk protection orders: A temporary extreme risk protection order is issued ex parte. Ex parte means that the respondent does not have notice of the case beforehand and is not present for the hearing. If the judge grants a temporary extreme risk protection order, it will remain in effect until the hearing on the final order which must take place within six business days.1 If the judge denies your request for a temporary extreme risk protection order, you can still have a hearing for a final order. The hearing must take place within ten business days after the respondent is served with your application for an extreme risk protection order.2

Final extreme risk protection orders: A final extreme risk protection order is an order issued after the respondent has notice of the case and a chance to participate in a hearing. The judge will hold a hearing that is scheduled to take place between three to six business days from when the respondent is served with the temporary extreme risk protection order. The respondent can request additional time to prepare for the hearing.3 A final extreme risk protection order can last up to one year from the date it was issued. If a temporary order was issued, the judge can make the final order expire one year from the date that the temporary order was issued.4

1 NY ​CPLR § 6342(2)(d)(ii)
2 NY ​CPLR § 6343(1)
3 NY ​CPLR § 6343(1)
4 NY ​CPLR § 6343(3)(c)

What protections can I get in an extreme risk protection order?

In a temporary extreme risk protection order, the judge can order that the respondent:

  • not buy or have (possess) a firearm, shotgun, or rifle;
  • not attempt to buy or have a firearm, shotgun, or rifle; and
  • give up any firearm, shotgun, or rifle that s/he currently possesses to law enforcement.1

In a final extreme risk protection order, the judge can order:

1. that the respondent:

  • give up his/her guns to law enforcement;
  • not buy firearms;
  • not sell firearms;
  • not have firearms; and

2. that the respondent’s firearms license be temporarily suspended and the respondent be ineligible for a firearm license.2

A final extreme risk protection order can also give police the right to search the respondent’s body, home, and vehicle for firearms and to remove them.3 A law enforcement agency will keep the respondent’s firearm, shotgun, or rifle during the period that the extreme risk protection order is in place unless ownership of the firearm, shotgun, or rifle is transferred to someone else.4

1 NY ​CPLR § 6342(4)(d)
2 NY ​CPLR § 6343(3)(b); New York Courts website
3 NY ​CPLR § 6343(3)(d); New York Courts website
4 NY ​CPLR § 6343(3)(b)(i)