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New York · 2025-2026 General Assembly
S05514Includes consideration of evidence of recent acts of aggravated cruelty to animals as a factor to be considered when determining whether grounds for a temporary extreme risk protection order exist.
Direction
Firearmsred flag erpoAI label
↓Restricts gun accessmodel confidence 90%
Adds evidence of recent aggravated cruelty to animals as a factor courts must consider when deciding whether to issue a temporary extreme risk protection order, making it easier to obtain such orders that remove firearms from at-risk individuals.
(h) evidence of recent acts of aggravated cruelty to animals as defined in section three hundred fifty-three-a of the agriculture and markets law.
Why the model tagged it this way: The bill amends CPLR 6342(2) to expand the list of factors a court must consider for issuing a temporary extreme risk protection order (red-flag ERPO) by adding evidence of recent acts of aggravated cruelty to animals. This makes it easier for courts to find grounds for an ERPO, which removes firearms from the respondent, thereby restricting firearm access. The added consideration of time elapsed and age is a procedural clarification that does not alter the overall effect on the axis. No other topics are substantively addressed.
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