April 17, 2018 -- With little more than eight weeks to go in New York State’s legislative calendar and less than 30 working days left, Westchester County District Attorney Anthony A. Scarpino, Jr. is calling on state legislators to pass the Extreme Risk Protection Order (ERPO) bill that is now in the Senate’s hands. The bill, a so-called Red Flag law, will empower family members and law enforcement to remove guns from family or household members in crisis and at risk of deadly consequences, pending a hearing.
Scarpino commends Democratic Conference Leader, Sen. Andrew Stewart-Cousins, for supporting this legislation and working hard to see the bill gets passed. Earlier this month, the bill passed the Assembly with strong bipartisan support. The Senate bill has at least 29 co-sponsors, including every member of the Democratic Conference. It was introduced in the Senate by Sen. Brian Kavanagh (Brooklyn) and Sen. Brad Hoylman (Manhattan).
Scarpino says: “We have been working with legislators to try to pass the Extreme Risk Protection Order bill to take guns out of the hands of those in chaos and at-risk of using weapons on themselves and others. Law enforcement needs this important tool which may stop another Sandy Hook, Parkland or Las Vegas from happening.”
With the budget process behind them, Scarpino says, “We are calling on all senators to pass this common sense public safety measure before going home for the summer. This cannot wait. It’s a tool we need right now.”
About Extreme Risk Protection Order (S.7133) law:
This legislation would create a new type of civil order called an “extreme risk protection order.” These new court-issued civil orders would prevent someone from possessing or purchasing guns if a court finds they are likely to harm themselves or others, and would require them to temporarily surrender any guns they currently own. The orders could be requested by family members, household members, police officers, and district attorneys—who often see warning signs of gun violence but may be powerless to act under current law before a tragedy occurs. Those requesting an order would have to present evidence that an individual is likely to harm themselves or others. The legislation includes strong due process protections, including requiring a prompt hearing to allow the subject of an order to present evidence on their behalf and providing a second opportunity for the respondent to challenge the order in court.
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