ERPO

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. Here is a recent example.

Nassau Cnty. Police Dep't v. M.B., NYLJ February 10, 2020,  Date filed: 2020-01-06,  Court: Supreme Court, Queens, Judge: Justice Elisa Koenderman,  Case Number: 6077/2019:

"....
Based upon all the foregoing, the court finds clear and convincing evidence that Respondent is likely to engage in conduct that would result in serious harm to himself or others (see CPLR 6343[2]). Respondent suffers from a mental illness that causes him to act unpredictably and potentially dangerously. He experiences delusions, including those of persecution by authority, which excessively preoccupy him and motivate his actions. His behavior which led to the issuance of the TERPO objectively was both reckless and menacing. Respondent previously has had conflicts with the law, including for alleged assault and criminal contempt. Significantly, Respondent could not control himself inside or outside the court during the hearing, as evidenced by his statements on the record as well as his voicemail messages to Deputy County Attorney Curran. It also appears that Respondent not only is noncompliant with his medications but that he might be misusing prescribed controlled substances, i.e. Xanax or Oxycodone.

Accordingly, the court grants Petitioner’s application and issues a one year Extreme Risk Protection Order. Petitioner shall effectuate service of such order in compliance with CPLR 308. Pursuant to CPLR 308(4), “where service under paragraphs one and two cannot be made with due diligence,” Petitioner shall serve Respondent “by affixing the summons to the door of…[the] dwelling place or usual place of abode within the state of [Respondent] and by…mailing the [order] to [Respondent] at his…last known residence.”"