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New York · 2025-2026 General Assembly

A03384 Relates to extreme risk protection orders; defines "exception"; authorizes a police officer or district attorney to file an application for an extreme risk protection order if found that a person meets the requirements of an exception pursuant to section 6340 of the civil practice law and rules; makes related provisions.

Direction

Firearms red flag erpoAI label

Restricts gun access model confidence 90%

Expands the definition of when law enforcement must file an ERPO petition and clarifies the criteria for risk of harm to self or others, making it easier to obtain and renew extreme risk protection orders that remove firearms from at-risk individuals.

shall file such application upon the receipt of credible information that an individual is likely to engage in conduct that would result in (a) substantial risk of physical harm to themself as manifested by threats of or attempts at suicide or serious bodily harm or other conduct demonstrating that such respondent is dangerous to themself; or (b) a substantial risk of physical harm to other persons as manifested by homicidal or other violent behavior by which others are placed in reasonable fear of serious physical harm

✓ Quote verified word for word in the bill text

  1. Filed (completed)
  2. Committee
  3. Passed one chamber
  4. Passed both
  5. Governor
  6. Law

Status: Died (session ended)

Last action
2026-05-20: reported referred to rules
Filed
2025-01-27
Committee
Rules
Sponsor
Charles Lavine D + 2 cosponsors (2 D)

Why the model tagged it this way: The bill amends New York's extreme risk protection order (red-flag) statute by replacing the prior mental-hygiene-law definition of 'serious harm' with a new two-prong test for risk of harm to self or others; this change, combined with the mandate that law enforcement file upon credible information meeting the new criteria (unless an exception applies), broadens the circumstances in which ERPOs can be sought and granted, thereby restricting firearm access. It simultaneously creates explicit exceptions allowing law-enforcement petitioners to decline filing in certain cases (prior firearm-prohib

Related bills

Hearings and calendar

Votes

DateChamberMotionYea-Nay
2026-05-20AAssembly Codes Committee: Favorable refer to committee Rules15-3Passed

Sponsors

Text versions

History (5 actions)
DateChamberAction
2026-05-20Areported referred to rules
2026-01-07Areferred to codes
2025-12-17Aprint number 3384a
2025-12-17Aamend and recommit to codes
2025-01-27Areferred to codes