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Legal Information: New York

Restraining Orders

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November 9, 2020

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)