How an order of protection can help in the fight against gun violence (+ new laws to protect New Yorkers!)
Did you know that in a New York order of protection hearing, a judge can order that an abuser’s guns are taken away, their gun license is suspended, and they become ineligible for another license?
A judge can order that guns are taken away:
- If the judge sees a risk that the abuser may use or threaten to use a gun against you or anyone else under your order of protection
- If the abuser has a prior conviction for a violent felony offense
- If the abuser has previously violated an order of protection and threatened or caused physical injury If the abuser has a prior conviction for stalking
So, what if the abuser has or keeps a gun when the judge has ordered them not to?
Any violation of the New York laws regarding gun licenses is a Class A misdemeanor that can be punished by a fine of up to $1,000, jail time for up to a year, or both.
Why it’s important that New Yorkers understand this legal remedy is available:
- Every month, an average of 70 women are shot and killed by an intimate partner*
- The rate of killings of women by violent partners with a firearm has accelerated in recent years In nearly half of mass shootings, the shooter exhibited warning signs in advance indicating they posed a danger*
- Access to a gun makes it five times more likely that an abusive partner will kill his female victim*
- Access to a gun makes it five times more likely that an abusive partner will kill his female victim**
- Abusers with guns not only kill their partners, but too often also take the lives of family, friends, coworkers, and responding law enforcement.*
NEW! NEW! NEW!
As of June 6, 2022, a new set of laws has increased protections for people in New York state.
Legislation S.9113-A/A.10502 expanded the list of people who can file Extreme Risk Protection Orders. An Extreme Risk Protection Orders (ERPO) is issued by the NY Supreme Court when a person may be dangerous to themselves or others. It prohibits an individual from purchasing or possessing guns and requires the person to surrender any guns they already own or possess. An ERPO can direct the police to search a person, premises or a vehicle for guns and remove them. An ERPO can be instigated by a district attorney, a police officer, a school official, or a member of the person’s family or household. And as of June 6th, mental health practitioners can also instigate an ERPO.
This change in the law also means that mental health practitioner’s reports on potentially harmful individuals are considered when determining whether to issue a firearm license. It also requires police and district attorneys to file ERPOs when they have credible information that an individual is likely to engage in conduct that would result in serious harm to themselves or others. And it requires State Police and the Municipal Police Training Council to create and disseminate policies and procedures for identifying when an ERPO petition is necessary.
Read more about the package of laws passed this week here.
C.A. Goldberg, PLLC can help get an order of protection that gives you the protection you need for your unique situation.
Want to find out if an order of protection might be right for you? Let’s Chat.
Now read:
- Free resource: What is the difference between a family court and criminal court Order of Protection?
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*everytownresearch.org
**Campbell, J. C. et al. “Risk factors for femicide in abusive relationships: results from a multisite case control study”. American Journal of Public Health. (2003).