In accordance with this article, a petitioner may file an application, which shall be sworn, and accompanying supporting documentation, setting forth the facts and circumstances justifying the issuance of an extreme risk protection order. Provided, however, that a petitioner that is a law enforcement agency that employs a police officer, as such term defined in section 1.20 of the criminal procedure law, or is a police officer or district attorney with jurisdiction in the county or city where the person against whom the order is sought resides shall file such application upon the receipt of credible information that an individual is likely to engage in conduct that would result in serious harm to themself or others, as defined in paragraph one or two of subdivision (a) of section 9.39 of the mental hygiene law, unless such petitioner determines that there is no probable cause for such filing. Such application and supporting documentation shall be filed in the supreme court in the county in which the respondent resides. The chief administrator of the courts shall adopt forms that may be used for purposes of such applications and the court’s consideration of such applications. Such application form shall include inquiry as to whether the petitioner knows, or has reason to believe, that the respondent owns, possesses or has access to a firearm, rifle or shotgun and if so, a request that the petitioner list or describe such firearms, rifles and shotguns, and the respective locations thereof, with as much specificity as possible.
§ 6341.Application for an extreme risk protection order.
Article 63-A. Extreme Risk Protection Orders · Last amended 2024 · Last verified July 21, 2026
In one sentenceCPLR 6341 tells a petitioner how to apply for an extreme risk protection order, requires certain law enforcement petitioners to file once they receive credible information of a risk of serious harm, and directs the courts to adopt standard application forms.
Full Text of CPLR 6341
Plain-English Summary
CPLR 6341 requires a petitioner to file a sworn application, with supporting documentation, setting out the facts and circumstances justifying an extreme risk protection order. The application goes to the supreme court in the county where the respondent resides.
Law enforcement petitioners do not have the same discretion as other petitioners. A law enforcement agency, police officer, or district attorney with jurisdiction where the respondent resides must file an application upon receiving credible information that a person is likely to engage in conduct resulting in serious harm to themselves or others, unless that petitioner determines there is no probable cause to do so.
The chief administrator of the courts adopts forms for these applications and for the court's review of them, and the application form must ask whether the petitioner knows or has reason to believe the respondent owns, possesses, or has access to a firearm, rifle, or shotgun, and, if so, request as specific a description and location for each weapon as possible.
Frequently Asked Questions
Where is an extreme risk protection order petition filed in New York?
In the supreme court of the county where the respondent resides.
Does a police officer have to file an ERPO petition once they learn of a risk?
Generally yes. CPLR 6341 requires a law enforcement agency, police officer, or district attorney with jurisdiction where the respondent resides to file upon receiving credible information of a likely risk of serious harm, unless the petitioner finds there is no probable cause.
What must the ERPO application include about firearms?
The application form must ask whether the petitioner knows or believes the respondent owns, possesses, or has access to a firearm, rifle, or shotgun, and request a description and location for each one.
Is there a standard form for filing an ERPO petition?
Yes. The chief administrator of the courts adopts forms for the application and for the court's consideration of it.
What if a law enforcement petitioner decides there is no probable cause to file?
CPLR 6341 excuses the otherwise mandatory filing duty where the petitioner determines there is no probable cause for it.
Amendment History
L 2019, ch 19, § 1, effective August 24, 2019; L 2022, ch 208, § 2, effective July 6, 2022; L 2024, ch 425, § 2, effective October 9, 2024.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: how to file an ERPO in New Yorkred flag law application New Yorkextreme risk protection order petition