FORMS & INSTRUCTIONS – Application for an Extreme Risk Protection Order

[livingston]

FORMS & INSTRUCTIONS – Application for an Extreme Risk Protection Order - Supreme Court Forms | NYCOURTS.GOV
Steps to Prepare and File an Extreme Risk Protection Order Application
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. No matter who starts the case, you must follow these steps:

 

[livingston]

By law, the court clerk must charge a $210 fee to assign an index number to a Supreme Court case. District attorneys, police and public school officials are not required to pay the fee. But, the law requires school officials from private schools and members of the respondent’s family or household to pay. You can ask the court to waive the fee by completing and attaching a fee waiver application form. If you attach this form to your ERPO application, the clerk will take your papers and bring them to the judge without payment of the fee. The judge will decide your application for an ERPO and will also decide if you must pay the fee. The fee waiver decision is completely separate from the judge’s decision on your ERPO application. Use the fillable online fee waiver application form to complete and print your fee waiver request, and file it with the court along with your ERPO application.

 

[repete]

I noticed in the "special proceedings" there's already a box marked "mental health" Shouldn't that be enough? After all if someone is a danger why take the guns and leave the knives, car, gas cans, chainsaws, drain cleaner, baseball bats ectra? But here I go rambling on and preaching to the choir!

 

[Saltwater60]

This makes me sick.

 

[Cooolone]

Next time you and your girl have a fight...
Suffer road rage...
Stiff a waitress fo a tip...
Be snooty with a lazy teacher...

Kiss your due process rights goodbye! Forget the 2nd...

It's being burnt right before our eyes in a huge bonfire!!! All the progressives are dancing around the fire laughing and singing...

 

[kev74]

Never in the history of New York State has the government ever worked as fast as they did to create a guide to stripping us of our rights.

 

[Rondo223]

Can I file one on AC

 

[Airborneguy]

Random people cannot file these, just fyi. So you’re safe when you stiff the next waitress on a tip.

 

[Acer-m14]

Ted Nugent
5 hrs ·
Hey liberal Democrats and freedom haters fuck you.

Red Flag Laws. Here’s what can happen...

It’s a Sunday night and your family has all gone to bed. You let the dogs back in and lock the deadbolt like you do every night. All the lights are off now except a couple of night lights scattered throughout the house leaving that dim glow throughout your home. It’s bedtime and work and school are going to come early in the morning. You crawl in bed, kiss your wife and drift off to sleep being thankful for the air conditioning that allows you to pull that heavy quilt up over your shoulder despite the fact it’s still 85 degrees outside. A few hours pass...

0200 Monday morning and your wife taps your leg and says, “baby I heard something outside”. As you sit up in bed you hear the dog growling in the living room and you know something isn’t right. You grab that trusty ole 870 and head into the living room. Your wife grabs her 9mm and heads down the hall to the kids rooms just like you have rehearsed. “Good boy” you say as you enter the living room, trying to calm both the dog and your wife just as splinters fly across the room and the front door flys open. “Oh shit!” As you shoulder your weapon and send a load of 00 Buck across your living room and see the perpetrator fall in a heap. Before the “thank God” can even run across your brain, you see a second man coming in the door and you fire again. This time you hear the pop of your wife’s 9mm as she has joined in the fight. It has to be those damn meth heads from down in town! Just then you are consumed by a wall of bullets as you see multiple muzzle flashes from just outside the door and you realize something isn’t right. You turn to yell at your wife to “get down” just in time to see her take a load of buckshot to the face and her brain matter splatter the wall behind her. You feel the burning as 5.56 bullets Riddle your body. One clips your spine as you’re scrambling away and paralyzes your lower body. The last thing you see before you bleed out is a SWAT guy from your local PD holding your teenage daughter on the floor with a knee in her back as she screams and cry’s because she just watched her parents being murdered.

Why did this happen? You’re no criminal. You’re a Conservative and an honest family man. Your wife is a school teacher and your daughters are on honor roll. Why did this happen?

Well two days ago, you and your wife went down to welcome the new neighbors to the community. Your wife made them some of her “world famous” cookies and you invited them to church on Sunday. Later that afternoon, you got a friend request on Facebook from your new neighbor, which you gladly accepted. They seemed a little odd, but in the few minutes you talked they were pleasant enough. The next day while you and your family sat in church, your new neighbor scrolled through your Facebook profile. He saw that “Trump 2020” post and got infuriated. See, he’s a staunch liberal and he hates your kind. The next thing he sees are the hunting pictures you took last fall when your daughter bagged her first buck. Now he’s seething with fury because he is wholeheartedly against the “slaughter of innocent animals”. Next he sees your post from the last range day with your buddy and sees those scary black assault weapons on the table and that does it! He has to do something about the racist domestic terrorist living next door. He picks up the phone, calls the local Sheriffs Office and reports you as a threat under the new Red Flag law. The SO follows their SOP’s and conducts a no knock warrant because you have now been denied due process and you are considered guilty until proven innocent.

Now you, your lovely wife and two deputies have been killed for nothing. Your daughter will have absolute hell for the rest of her life. She will never be that successful person you dreamed for her to be because of the mental tragedy caused from seeing her parents murdered. The local news paper will report that you were killed after firing on and killing two deputies and that “over a thousand rounds of ammo and 22 guns were confiscated from your residence”.

Oh, those two deputies were just following orders. They left behind families as well and had served their community for over a decade. They didn’t know you were a stand-up guy with a great family. They weren’t allowed time to investigate things under due process. They were told you had threatened your neighbor and were out in the street waving an AR15 around.

This is the reality of Red Flag gun laws. Innocent people will lose their lives. Red Flag laws will be used for petty and vengeful reasons without merit.

 

[Jezman]

Ted Nugent
5 hrs ·
Hey liberal Democrats and freedom haters fuck you.

Red Flag Laws. Here’s what can happen...

It’s a Sunday night and your family has all gone to bed. You let the dogs back in and lock the deadbolt like you do every night. All the lights are off now except a couple of night lights scattered throughout the house leaving that dim glow throughout your home. It’s bedtime and work and school are going to come early in the morning. You crawl in bed, kiss your wife and drift off to sleep being thankful for the air conditioning that allows you to pull that heavy quilt up over your shoulder despite the fact it’s still 85 degrees outside. A few hours pass...

0200 Monday morning and your wife taps your leg and says, “baby I heard something outside”. As you sit up in bed you hear the dog growling in the living room and you know something isn’t right. You grab that trusty ole 870 and head into the living room. Your wife grabs her 9mm and heads down the hall to the kids rooms just like you have rehearsed. “Good boy” you say as you enter the living room, trying to calm both the dog and your wife just as splinters fly across the room and the front door flys open. “Oh shit!” As you shoulder your weapon and send a load of 00 Buck across your living room and see the perpetrator fall in a heap. Before the “thank God” can even run across your brain, you see a second man coming in the door and you fire again. This time you hear the pop of your wife’s 9mm as she has joined in the fight. It has to be those damn meth heads from down in town! Just then you are consumed by a wall of bullets as you see multiple muzzle flashes from just outside the door and you realize something isn’t right. You turn to yell at your wife to “get down” just in time to see her take a load of buckshot to the face and her brain matter splatter the wall behind her. You feel the burning as 5.56 bullets Riddle your body. One clips your spine as you’re scrambling away and paralyzes your lower body. The last thing you see before you bleed out is a SWAT guy from your local PD holding your teenage daughter on the floor with a knee in her back as she screams and cry’s because she just watched her parents being murdered.

Why did this happen? You’re no criminal. You’re a Conservative and an honest family man. Your wife is a school teacher and your daughters are on honor roll. Why did this happen?

Well two days ago, you and your wife went down to welcome the new neighbors to the community. Your wife made them some of her “world famous” cookies and you invited them to church on Sunday. Later that afternoon, you got a friend request on Facebook from your new neighbor, which you gladly accepted. They seemed a little odd, but in the few minutes you talked they were pleasant enough. The next day while you and your family sat in church, your new neighbor scrolled through your Facebook profile. He saw that “Trump 2020” post and got infuriated. See, he’s a staunch liberal and he hates your kind. The next thing he sees are the hunting pictures you took last fall when your daughter bagged her first buck. Now he’s seething with fury because he is wholeheartedly against the “slaughter of innocent animals”. Next he sees your post from the last range day with your buddy and sees those scary black assault weapons on the table and that does it! He has to do something about the racist domestic terrorist living next door. He picks up the phone, calls the local Sheriffs Office and reports you as a threat under the new Red Flag law. The SO follows their SOP’s and conducts a no knock warrant because you have now been denied due process and you are considered guilty until proven innocent.

Now you, your lovely wife and two deputies have been killed for nothing. Your daughter will have absolute hell for the rest of her life. She will never be that successful person you dreamed for her to be because of the mental tragedy caused from seeing her parents murdered. The local news paper will report that you were killed after firing on and killing two deputies and that “over a thousand rounds of ammo and 22 guns were confiscated from your residence”.

Oh, those two deputies were just following orders. They left behind families as well and had served their community for over a decade. They didn’t know you were a stand-up guy with a great family. They weren’t allowed time to investigate things under due process. They were told you had threatened your neighbor and were out in the street waving an AR15 around.

This is the reality of Red Flag gun laws. Innocent people will lose their lives. Red Flag laws will be used for petty and vengeful reasons without merit.

The last three sentences in this are all ready reality with the protection orders. Happens everyday all over the country because they can.

 

[togmaster]

Random people cannot file these, just fyi. So you’re safe when you stiff the next waitress on a tip.

However if you give a waitress the stiffie she can then file for it.

 

[kev74]

Random people cannot file these, just fyi. So you’re safe when you stiff the next waitress on a tip.

There are DAs all over the place who are saying they will file red flag complaints on behalf of anyone who asks.

 

[Celt]

Random people cannot file these, just fyi. So you’re safe when you stiff the next waitress on a tip.

What if the waitress calls the cops, says she saw you arguing with your wife in a threatening manner?

What if you accidently cut someone off while driving, and you have a Trump sticker on your car and they call the police saying you flashed "what looks like a gun at them". The police can file an ERPO, its not a fear of a random person filing, its the random person making false claims to police that is the concern.

 

[Celt]

Ted Nugent
5 hrs ·
Hey liberal Democrats and freedom haters fuck you.

Red Flag Laws. Here’s what can happen...

It’s a Sunday night and your family has all gone to bed. You let the dogs back in and lock the deadbolt like you do every night. All the lights are off now except a couple of night lights scattered throughout the house leaving that dim glow throughout your home. It’s bedtime and work and school are going to come early in the morning. You crawl in bed, kiss your wife and drift off to sleep being thankful for the air conditioning that allows you to pull that heavy quilt up over your shoulder despite the fact it’s still 85 degrees outside. A few hours pass...

0200 Monday morning and your wife taps your leg and says, “baby I heard something outside”. As you sit up in bed you hear the dog growling in the living room and you know something isn’t right. You grab that trusty ole 870 and head into the living room. Your wife grabs her 9mm and heads down the hall to the kids rooms just like you have rehearsed. “Good boy” you say as you enter the living room, trying to calm both the dog and your wife just as splinters fly across the room and the front door flys open. “Oh shit!” As you shoulder your weapon and send a load of 00 Buck across your living room and see the perpetrator fall in a heap. Before the “thank God” can even run across your brain, you see a second man coming in the door and you fire again. This time you hear the pop of your wife’s 9mm as she has joined in the fight. It has to be those damn meth heads from down in town! Just then you are consumed by a wall of bullets as you see multiple muzzle flashes from just outside the door and you realize something isn’t right. You turn to yell at your wife to “get down” just in time to see her take a load of buckshot to the face and her brain matter splatter the wall behind her. You feel the burning as 5.56 bullets Riddle your body. One clips your spine as you’re scrambling away and paralyzes your lower body. The last thing you see before you bleed out is a SWAT guy from your local PD holding your teenage daughter on the floor with a knee in her back as she screams and cry’s because she just watched her parents being murdered.

Why did this happen? You’re no criminal. You’re a Conservative and an honest family man. Your wife is a school teacher and your daughters are on honor roll. Why did this happen?

Well two days ago, you and your wife went down to welcome the new neighbors to the community. Your wife made them some of her “world famous” cookies and you invited them to church on Sunday. Later that afternoon, you got a friend request on Facebook from your new neighbor, which you gladly accepted. They seemed a little odd, but in the few minutes you talked they were pleasant enough. The next day while you and your family sat in church, your new neighbor scrolled through your Facebook profile. He saw that “Trump 2020” post and got infuriated. See, he’s a staunch liberal and he hates your kind. The next thing he sees are the hunting pictures you took last fall when your daughter bagged her first buck. Now he’s seething with fury because he is wholeheartedly against the “slaughter of innocent animals”. Next he sees your post from the last range day with your buddy and sees those scary black assault weapons on the table and that does it! He has to do something about the racist domestic terrorist living next door. He picks up the phone, calls the local Sheriffs Office and reports you as a threat under the new Red Flag law. The SO follows their SOP’s and conducts a no knock warrant because you have now been denied due process and you are considered guilty until proven innocent.

Now you, your lovely wife and two deputies have been killed for nothing. Your daughter will have absolute hell for the rest of her life. She will never be that successful person you dreamed for her to be because of the mental tragedy caused from seeing her parents murdered. The local news paper will report that you were killed after firing on and killing two deputies and that “over a thousand rounds of ammo and 22 guns were confiscated from your residence”.

Oh, those two deputies were just following orders. They left behind families as well and had served their community for over a decade. They didn’t know you were a stand-up guy with a great family. They weren’t allowed time to investigate things under due process. They were told you had threatened your neighbor and were out in the street waving an AR15 around.

This is the reality of Red Flag gun laws. Innocent people will lose their lives. Red Flag laws will be used for petty and vengeful reasons without merit.

This is spot on. Sadly, the politicians will be pushing these because their argument is an emotional one, and with the way the media pushes the mass shooting tragedies countless people will support them.

Once people start dying over them it could go either way. The left will push for even more restrictions, but hopefully the courts will strike them down.

 

[Airborneguy]

What if the waitress calls the cops, says she saw you arguing with your wife in a threatening manner?

What if you accidently cut someone off while driving, and you have a Trump sticker on your car and they call the police saying you flashed "what looks like a gun at them". The police can file an ERPO, its not a fear of a random person filing, its the random person making false claims to police that is the concern.

Technically those scenarios could’ve resulted in trouble already.

Look, I’m not trying to defend this law. I’m just shocked by how many of you seem to think it’s going to be so easy now to remove guns that we’ve all basically lost them already.

You may recall months ago me saying I don’t understand what this law even changes. Judges ALWAYS could’ve removed your guns based on numerous factors. This law is political posturing.

 

[Toecutter]

Violation of the 2nd 4th and 14th ammendment. For starters shit like this is the beginning of the end of liberty. But No one cares about our Constitution anymore as long as the state give you the illusion of safety. Police will enforce illegal laws instead of arresting the people who write them. You want the reality of safety , arm yourself and train for the worst.

 

[Celt]

Technically those scenarios could’ve resulted in trouble already.

Look, I’m not trying to defend this law. I’m just shocked by how many of you seem to think it’s going to be so easy now to remove guns that we’ve all basically lost them already.

You may recall months ago me saying I don’t understand what this law even changes. Judges ALWAYS could’ve removed your guns based on numerous factors. This law is political posturing.

I know youre not defending it, and I know where you are coming from. I also get its political posturing, but I believe this law will make it easier for abusing an otherwise law abiding gun owner.

It still stinks of "thought crime", and denies the citizen of due process. If a person poses such a threat, then they should be brought before a judge before having their legally owned property confiscated; which forces them to pay a lawyer in order to get their property back.

You know, as well as all gun owners, that WE are under attack from the left and this is just ANOTHER tool for them to attack us with.

 

[repete]

Random people cannot file these, just fyi. So you’re safe when you stiff the next waitress on a tip.

That may be for now but give them time !

 

[Celt]

If we end up stuck with these laws, then there needs to be provisions for the complainant to be held liable for all legal costs and damages if someone is found not to be an actual threat.

 

[livingston]

If we end up stuck with these laws, then there needs to be provisions for the complainant to be held liable for all legal costs and damages if someone is found not to be an actual threat.

And who decides the definition of "threat"....When raising livestock a person can shoot a dog with the permission of the courts if all the dog does is worry ones livestock. Does a wife ,neighbor , girl friend have that same criteria ? .. A gun owner just has to worry someone and .. poof ... they are gone .... ?

 

[gunpoliticsny]

There are DAs all over the place who are saying they will file red flag complaints on behalf of anyone who asks.

Elections have consequences. Not participating in elections has consequences. Nobody in the state is even talking about ousting antigun DAs.

 

[Cooolone]

Random people cannot file these, just fyi. So you’re safe when you stiff the next waitress on a tip.

The slippery slope in these type of laws is the lack of accountability in filing "false" allegations! On the "safety" side and for the kids, "all" complaints will be investigated, no? Also, this law allows for unqualified persons to make mental capacity judgements.

What if the waitress calls the cops, says she saw you arguing with your wife in a threatening manner?

What if you accidently cut someone off while driving, and you have a Trump sticker on your car and they call the police saying you flashed "what looks like a gun at them". The police can file an ERPO, its not a fear of a random person filing, its the random person making false claims to police that is the concern.

Yes... See above

Technically those scenarios could’ve resulted in trouble already.

Look, I’m not trying to defend this law. I’m just shocked by how many of you seem to think it’s going to be so easy now to remove guns that we’ve all basically lost them already.

You may recall months ago me saying I don’t understand what this law even changes. Judges ALWAYS could’ve removed your guns based on numerous factors. This law is political posturing.

Definitely aware you are not defending it. It's bad because of the fact it exists and will be implemented, and unfortunately enforced... And as you noted, Politically exploited... But what if LE refused to enforce the orders? Is it worth it? When does it stop? Judgement call no? How much scrutiny is allocated to the officer who arrives with the order, or is it just indiscriminate enforcement followed to the T? And the person filing the initial report? What culpability to they own?... It's a mess for sure.

The real issue, is as it always is these days... The application of anything other than "strict scrutiny" in regard to 2A Rights!

 

[Celt]

... But what if LE refused to enforce the orders? Is it worth it? When does it stop? Judgement call no? How much scrutiny is allocated to the officer who arrives with the order, or is it just indiscriminate enforcement followed to the T? And the person filing the initial report? What culpability to they own?... It's a mess for sure.

The real issue, is as it always is these days... The application of anything other than "strict scrutiny" in regard to 2A Rights!

I can't imagine anyone would ever ignore a report. Imagine you are a law enforcement agency and someone reports it. Because of your personal beliefs you choose not to enforce it, and then the person that was reported acts out and commits a tragedy. Now you are held accountable because you failed to act and ignored enforcing the law.

Because of this I cannot see anyone ignoring it.

And we definitely need strict scrutiny on 2a cases. Im hoping that the nysrpa vs nyc case squares that up.

 

[VietnamEraVet]

As I read the law, IIRC, the $210.00 filing fee is waived if the case is filed by the cops, or the DA, so... for those little people with a grudge against you who DON’T want to pay a fee, all they have to do is ask the DA to file it for them.

Imagine that. One more way that NY makes it possible for people to attack lawful gun owners free of charge!

 

[Celt]

As I read the law, IIRC, the $210.00 filing fee is waived if the case is filed by the cops, or the DA, so... for those little people with a grudge against you who DON’T want to pay a fee, all they have to do is ask the DA to file it for them.

Imagine that. One more way that NY makes it possible for people to attack lawful gun owners free of charge!

Or they can submit a request to have the fee waived.

 

[Acer-m14]

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.

Take Nugent's post and instead of the wife BS'n with the neighbor .. it was little johnys new Teacher .. sharing FB to keep up with class info ..
or what if that new neighbor was the new liberal ass DA ??

 

[Justincase]

Technically those scenarios could’ve resulted in trouble already.

Look, I’m not trying to defend this law. I’m just shocked by how many of you seem to think it’s going to be so easy now to remove guns that we’ve all basically lost them already.

You may recall months ago me saying I don’t understand what this law even changes. Judges ALWAYS could’ve removed your guns based on numerous factors. This law is political posturing.

You're exactly right, except now there's a specific name for it and it's been made common knowledge since it's been broadcast on the nightly news ad nauseum.