Gov. Kathy Hochul announced Friday a major increase in applications for Extreme Risk Protection Orders (ERPOs) under New York’s Red Flag Law—with substantially more ERPOs filed in the last three months than in all of 2021.
The increase comes after Governor Hochul took decisive action in the wake of the mass shooting in Buffalo, issuing an executive order requiring state police to expand their use of the Red Flag Law and working with the state Legislature to pass a new law requiring all law enforcement agencies in New York to increase the use of these potentially life-saving orders. Hochul made the announcement in Suffolk County where the county Sheriff’s Office is reporting a more than 75% increase in utilization of the Red Flag Law over the last three months.
“My top priority as governor is to keep New Yorkers safe,” 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.”
On May 18, four days after the Buffalo shooting, Hochul issued an executive order directing the state police to apply for an ERPO when there is probable cause that someone posed a danger to themselves or others. On July 6, a new state law signed by the governor took effect, expanding that order to all law enforcement agencies and district attorneys. The law also added to the list of those who can file orders.
A total of 832 temporary and final ERPOs have been issued in New York state in the past three months (May-August), compared to the 1,424 issued from August 2019 to April 2022. State police have filed 184 red flag applications since Hochul signed Executive Order 19 on May 18, a more than 93% increase over the 95 orders filed by state police in all of 2021. Suffolk County has been a leader in utilizing ERPOs since the Red Flag Law was enacted in August of 2019. Since the week of May 16, the Suffolk County Sheriff’s Office has served 114 protection orders, a more than 75% increase compared with all of 2021.
