The aftermath of a string of mass shootings this spring in Buffalo, Uvalde and Highland Park<\/a> triggered familiar questions: Weren\u2019t there warning signs? What could have been done sooner to stop the shooter?<\/p>\n In each case, politicians and gun control advocates criticized weak implementation of laws that allow firearms to be confiscated<\/a> from individuals deemed a threat to themselves or others. Research on the utilization and effectiveness of red flag laws is limited, in part because they are relatively new, experts say.<\/p>\n At face value, red flag laws<\/a> are straightforward: Law enforcement, school officials and, in some states \u2015 including New York \u2015 family members can petition a court for an Extreme Risk Protection Order, which asks that an individual be barred from purchasing firearms and have any guns already in their possession confiscated for up to a year. The application becomes a civil case, and carries no criminal charges or penalties. Petitioners must include evidence that shows why an order is justified, and the individual in question has a chance to defend their right to carry at a hearing.<\/p>\n\n Advocates say the orders are intended to prevent suicides, fatal domestic disputes and mass shootings.<\/p>\n Jaclyn Schildkraut, who heads the Regional Gun Violence Research Consortium<\/a> at the Rockefeller Institute of Government, said family members and close friends are the first to notice changes in behavior or mood that might signal someone is in danger.<\/p>\n \u201cTime is always a critical factor,\u201d Schildkraut said. \u201cUsually when you file an ERPO, because it\u2019s a temporary order, there\u2019s usually some sort of imminent concern: You think somebody\u2019s going to imminently harm themselves or imminently harm others.<\/p>\n\n \u201cIn any situation that is escalating, the No. 1 goal has to be de-escalation. A firearm, or really any weapon, is an escalating factor that makes it much easier (to do harm). Removing the means in that moment can at least help to give the time needed to de-escalate so that we can potentially save lives.\u201d<\/p>\n Warren Eller, a professor at John Jay College of Criminal Justice<\/a>, said family members may be reluctant to file an application for an Extreme Risk Protection Order in fear of retaliation or a reluctance to believe a loved one is capable of causing harm.<\/p>\n But he said family members have an additional option.<\/p>\n \u201cI think the No. 1 best thing that anybody can do is to be encouraged to go get professional help, and that professional help in this instance typically begins with law enforcement,\u201d Eller said. \u201cIt\u2019s tempting to try and help people find alternative paths, but those alternative paths tend to be subpar. The first line of discretion, I think, is to simply stop by a local police department and talk with someone.\u201d<\/p>\n The New York State Unified Court System<\/a> lays out each step for concerned family members:<\/p>\n The law also lays out rights for petitioners and respondents alike.<\/a><\/p>\n Petitioners may request anonymity on their application if they believe the respondent knowing their name, address or contact information may endanger their safety.<\/p>\n Respondents have an opportunity to appeal the judge\u2019s decision by filing an application to amend or vacate the order but must successfully argue a change in circumstances at another hearing. After a protection order expires, the individual can apply to have their firearms returned and the case is sealed.<\/p>\n A petitioner can apply to renew an Extreme Risk Protection Order 60 days before it expires.<\/p>\n Following the Buffalo shooting, New York Gov. Kathy Hochul expanded the red flag law<\/a> to include health care practitioners and, required police and district attorneys to file petitions when they have credible information that the individual is a threat.<\/p>\n Nineteen states and Washington D.C. offer such protections. New York first implemented its red flag law in 2019.<\/p>\n More information at ny.gov\/RedFlag<\/a><\/p>\n![\""Enough"](\"https:\/\/www.gannett-cdn.com\/presto\/2022\/06\/11\/PROC\/bbaf4f9d-91b4-4881-a433-2e06447d65ac-Cdga_Rally.jpg?width=660&height=459&fit=crop&format=pjpg&auto=webp\")
<\/figure>\nHow to apply for an Extreme Risk Protection Order<\/h2>\n
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