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NY Red Flag Law - What Is It?

Posted by Daniel DuBois | Nov 30, 2022 | 0 Comments

In New York State there is a fairly new law known as the Extreme Risk Protection Order law, also known as “The Red Flag Law,” In an effort to prevent future risk to others, the state has put legislation in place that safeguards its citizens from individuals who pose a threat. Tragedies like the racist mass shooting in Buffalo, along with other mass shooter events have put everyday legal gun owners in a troublesome light. If an individual is deemed a threat to themselves or others, it prevents that individual from purchasing OR possessing any kind of firearm. 

Essentially, anyone can file what's known as an Application for an Extreme Risk Protection Order (ERPO). 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. This could be a partner or former partner. 

Here are some common situations someone may find themselves on an Extreme Risk Protection Order (ERPO)

  • Criminal Case
  • Domestic Violence 
  • Domestic Abuse
  • Mental Health
  • False Allegations

Certain cases dealing with NYS Red Flag Law are different than others. We are criminal defense attorneys, we understand, and we never judge, BUT, we will only work on a Red Flag Case IF APPROPRIATE. We will review the case and details provided and make an assessment of whether or not we feel ethically confident in representing any individual with an ERPO.

For more information, or to see if your case meets the criteria for our team to step in to recover your legal weapons, just fill out our contact form or give us a call at (888)NTGULTY. 

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