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New York · 2025-2026 General Assembly
S00260Relates 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
Firearmsred flag erpoAI label
↓Restricts gun accessmodel confidence 90%
Expands the definition of risk that triggers mandatory filing of an ERPO petition by police or prosecutors and updates the criteria courts use to issue temporary, final, or renewed ERPOs, so more people are likely to have their firearms access restricted via red-flag orders.
shall file such application upon the receipt of credible information that an individual is likely to engage in conduct that would result in [deleted: serious harm to themself or others, as defined in paragraph one or two] [deleted: of subdivision (a) of section 9.39 of the mental hygiene law]: (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
Why the model tagged it this way: The bill substantively addresses only the firearms/red-flag-erpo topic. It revises the statutory criteria for when law enforcement must file ERPO petitions and when courts may issue them by replacing a cross-reference to the Mental Hygiene Law's 'serious harm' definition with a new two-prong test focused on self-harm/suicide risk or violent behavior toward others; this broadens the set of circumstances that can support an ERPO. It simultaneously creates explicit exceptions allowing discretion not to file in certain cases (prior prohibition, existing order, long incarceration, or specific minor
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S07236Prohibits the purchase of ammunition if such purchaser failed a background check, is prohibited by federal law or is subject to a temporary ↓Restricts gun access↓Restricts gun access Law
A07983Prohibits the purchase of ammunition if such purchaser failed a background check, is prohibited by federal law or is subject to a temporary ↓Restricts gun access↓Restricts gun access Died (session ended)
A03384Relates to extreme risk protection orders; defines "exception"; authorizes a police officer or district attorney to file an application for ↓Restricts gun access Died (session ended)