Major Increase Announced In New York’s Red Flag Law Usage

ALBANY, N.Y. (WENY) – A major increase in applications for Extreme Risk Protection Orders under New York’s Red Flag Law was announced with more ERPOs filed in the last three months than in all of 2021.

The increase comes after Governor Kathy Hochul took action in the wake of the mass shooting in Buffalo back in May. She issued an Executive Order requiring State Police to expand their use of the Red Flag Law and to increase the use of these orders.

“My top priority as governor is to keep New Yorkers safe,” Governor Hochul said. “In the wake of the horrific shooting in my hometown of Buffalo, we took quick and decisive action to get illegal guns off our streets and away from individuals who would use them to harm themselves or others. Now, we see our efforts are working, thanks to the heroic efforts of our partners in law enforcement who are on the front lines in the fight to protect public safety and end the scourge of gun violence.”

A total of 832 temporary and final ERPOs have been issued in New York State in the past three months (May – August 2022), compared to the 1,424 issued from August 2019 to April 2022.

State Police have filed 184 red flag applications since Governor Hochul signed Executive Order 19 on May 18, 2022, a more than 93 percent increase over the 95 orders filed by State Police in all of 2021.

These orders are filed by state police when there is probable cause that someone posed a danger to themselves or others.


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