For nearly three years, New York judges have been able to issue what’s called an Extreme Risk Protective Order (ERPO) that bars a person deemed a danger to themselves or others from buying firearms for a year.
Governor Kathy Hochul attends a vigil at Macedonia Baptist Church in Buffalo for victims of Saturday’s mass shooting, May 15, 2022.Extreme Risk Protective OrderThe problem, supporters of ERPOs say, is that the so-called red flag gun law is rarely invoked in much of New York because so few people know about it.
Buffalo police say Grendon claimed he was just joking, and an assessment of Grendon’s risk to himself or others was never brought before a judge. “There were enough indicators of risk and threat based on what he said in school, based on the fact that the state police were called and based on the fact that he spent a day and a half in a mental health clinic,” Fischer said. “We don’t know if it would have been filed, but if it had been filed, the shooter would have been given the opportunity to explain himself. And even the mere filing of an ERPO would have put him on notice.
In New York City, on the other hand, only one full-year ERPO ban has been approved in all five boroughs — in Queens, which has also seen three temporary bans. That case involved a man who’d years earlier tried to smuggle a sword inside his cane onto a flight at JFK Airport. The record of the protective order is sealed.
“We know that ERPO is being under-implemented,” said Rebecca Fischer, executive director of New Yorkers Against Gun Violence. “From what we’ve surmised, there has not been enough use of ERPO as there could be.” Two similar, neighboring Long Island counties highlight this wide disparity. In Nassau County, 14 orders that resulted in one-year bans have been issued to date, compared to 116 in Suffolk County. Both counties have similar populations — 1.4 million in Nassau, 1.5 million in Suffolk.
Suffolk County Police did not respond Tuesday to THE CITY’s multiple questions about the high rate of protective orders approved in that county.
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