§ 6343.Issuance of a final extreme risk protection order.
Article 63-A. Extreme Risk Protection Orders · Last amended 2025 · Last verified July 21, 2026
In one sentenceCPLR 6343 sets the hearing timeline and clear-and-convincing evidentiary burden for a final extreme risk protection order, spells out what happens once one is granted, caps its duration at one year, and gives the respondent a one-time chance to ask the court to set part of it aside.
1. In accordance with this article, no sooner than three business days nor later than six business days after service of a temporary extreme risk protection order and, alternatively, no later than ten business days after service of an application under this article where no temporary extreme risk protection order has been issued, the supreme court shall hold a hearing to determine whether to issue a final extreme risk protection order and, when applicable, whether a firearm, rifle or shotgun surrendered by, or removed from, the respondent should be returned to the respondent. The respondent shall be entitled to more than six business days if a temporary extreme risk protection order has been issued and the respondent requests a reasonable period of additional time to prepare for the hearing. Where no temporary order has been issued, the respondent may request, and the court may grant, additional time beyond the ten days to allow the respondent to prepare for the hearing.
2. At the hearing pursuant to subdivision one of this section, the petitioner shall have the burden of proving, by clear and convincing evidence, that the respondent is likely to engage in conduct that would result in serious harm to himself, herself or others, as defined in paragraph one or two of subdivision (a) of section 9.39 of the mental hygiene law. The court may consider the petition and any evidence submitted by the petitioner, any evidence submitted by the respondent, any testimony presented, and the report of the relevant law enforcement agency submitted pursuant to subdivision nine of section sixty-three hundred forty-two of this article. The court shall also consider the factors set forth in subdivision two of section sixty-three hundred forty-two of this article.
3.
(a)After the hearing pursuant to subdivision one of this section, the court shall issue a written order granting or denying the extreme risk protection order and setting forth the reasons for such determination. If the extreme risk protection order is granted, the court shall direct service of such order in the manner and in accordance with the protections for the petitioner set forth in subdivision six of section sixty-three hundred forty-two of this article.
(b)Upon issuance of an extreme risk protection order: (i) any firearm, rifle or shotgun removed pursuant to a temporary extreme risk protection order or such extreme risk protection order shall be retained by the law enforcement agency having jurisdiction for the duration of the order, unless ownership of the firearm, rifle or shotgun is legally transferred by the respondent to another individual permitted by law to own and possess such firearm, rifle or shotgun; (ii) the supreme court shall temporarily suspend any existing firearm license possessed by the respondent and order the respondent temporarily ineligible for such a license; (iii) the respondent shall be prohibited from purchasing or possessing, or attempting to purchase or possess, a firearm, rifle or shotgun; and (iv) the court shall direct the respondent to surrender any firearm, rifle or shotgun in his or her possession in the same manner as set forth in subdivision five of section 530.14 of the criminal procedure law.
(c)An extreme risk protection order issued in accordance with this section shall extend, as specified by the court, for a period of up to one year from the date of the issuance of such order; provided, however, that if such order was immediately preceded by the issuance of a temporary extreme risk protection order, then the duration of the extreme risk protection order shall be measured from the date of issuance of such temporary extreme risk protection order.
(d)A law enforcement officer serving a final extreme risk protection order shall request that the respondent immediately surrender to the officer all firearms, rifles and shotguns in the respondent’s possession and the officer shall conduct any search permitted by law for such firearms. The law enforcement officer shall take possession of all firearms, rifles and shotguns that are surrendered, that are in plain sight, or that are discovered pursuant to a lawful search. As part of the order, the court may also direct a police officer to search for firearms, rifles and shotguns in a respondent’s possession consistent with the procedures of article six hundred ninety of the criminal procedure law.
4.
(a)The court shall notify the division of state police, any other law enforcement agency with jurisdiction, all applicable licensing officers, the statewide computerized registry of orders of protection and warrants of arrest referred to in section two hundred twenty-one-a of the executive law, and the division of criminal justice services of the issuance of a final extreme risk protection order and provide a copy of such order to such persons and agencies and registry no later than the next business day after issuing the order. The court also shall promptly notify such persons and agencies and registry and provide a copy of any order amending or revoking such protection order or restoring the respondent’s ability to own or possess firearms, rifles or shotguns no later than the next business day after issuing the order to restore such right to the respondent. The court also shall report such demographic data as required by the state division of criminal justice services at the time such order is transmitted thereto. Any notice or report submitted pursuant to this subdivision shall be in an electronic format, in a manner prescribed by the division of criminal justice services.
(b)Upon receiving notice of the issuance of a final extreme risk protection order, the division of criminal justice services shall immediately report the existence of such order to the federal bureau of investigation to allow the bureau to identify persons prohibited from purchasing firearms, rifles or shotguns. The division shall also immediately report to the bureau the expiration of such protection order and any court order amending or revoking such protection order or restoring the respondent’s ability to purchase a firearm, rifle or shotgun.
5.
(a)If, in accordance with a temporary extreme risk protection order, a firearm, rifle or shotgun has been surrendered by or removed from the respondent, and the supreme court subsequently finds that the petitioner has not met the required standard of proof, the court’s finding shall include a written order, issued to all parties, directing that any firearm, rifle or shotgun surrendered or removed pursuant to such temporary order shall be returned to the respondent, upon a written finding that there is no legal impediment to the respondent’s possession of such firearm, rifle or shotgun.
(b)If any other person demonstrates that he or she is the lawful owner of any firearm, rifle or shotgun surrendered or removed pursuant to a protection order issued in accordance with this article, and provided that the court has made a written finding that there is no legal impediment to the person’s possession of a surrendered or removed firearm, rifle or shotgun, the court shall direct that such firearm, rifle or shotgun be returned to such lawful owner and inform such person of the obligation to safely store such firearm, rifle, or shotgun in accordance with section 265.45 of the penal law.
6. The respondent shall be notified on the record and in writing by the court that he or she may submit one written request, at any time during the effective period of an extreme risk protection order, for a hearing setting aside any portion of such order. The request shall be submitted in substantially the same form and manner as prescribed by the chief administrator of the courts. Upon such request, the court shall promptly hold a hearing, in accordance with this article, after providing reasonable notice to the petitioner. The respondent shall bear the burden to prove, by clear and convincing evidence, any change of circumstances that may justify a change to the order.
Plain-English Summary
Where a temporary extreme risk protection order was issued, CPLR 6343 requires the supreme court to hold a hearing on the final order no sooner than three and no later than six business days after service, with more time available if the respondent asks to prepare. Where no temporary order was issued, the hearing must happen within ten business days of service of the application, with additional time available on the same terms.
At that hearing, the petitioner carries the burden of proving, by clear and convincing evidence, that the respondent is likely to engage in conduct resulting in serious harm to themselves or others. The court may consider the petition, evidence from either side, testimony, and the law enforcement background report, and it applies the same factors CPLR 6342 sets out for the temporary order.
If the court grants the final order, several consequences follow: any firearm already surrendered or removed stays with the law enforcement agency for the order's duration unless lawfully transferred to someone else permitted to own it; the court suspends any firearm license the respondent holds and makes the respondent temporarily ineligible for one; the respondent is barred from purchasing or possessing a firearm; and the respondent must surrender any firearm still in their possession. The order runs for up to one year as the court specifies, measured from the date of the temporary order if one preceded it, and the court must notify the state police, other relevant agencies, and the division of criminal justice services, which reports the order to the FBI.
If the petitioner does not meet the burden of proof, the court must order the return of any firearm surrendered or removed under a temporary order, on a written finding that no legal impediment blocks the respondent's possession of it; the same return process is available to any other person who proves lawful ownership of a surrendered weapon. The respondent may also submit one written request, at any point while a final order is in effect, for a hearing to set aside part of it, and at that hearing the respondent bears the burden of proving, by clear and convincing evidence, a change of circumstances justifying the change.
Frequently Asked Questions
How long does a final extreme risk protection order last in New York?
Up to one year, as the court specifies, measured from the date of the temporary order if one preceded the final order.
What must a petitioner prove to get a final extreme risk protection order?
By clear and convincing evidence, that the respondent is likely to engage in conduct that would result in serious harm to themselves or others.
What happens to a respondent's firearm license if a final ERPO is granted?
The court suspends any existing license and makes the respondent temporarily ineligible to hold one while the order is in effect.
Can a respondent get firearms back if the ERPO petition is denied?
Yes. If the petitioner does not meet the clear-and-convincing burden, the court must order the return of any firearm surrendered or removed under a temporary order, on a finding that no legal impediment blocks the respondent's possession.
Can a respondent ask to modify an ERPO before it expires?
Yes, once. CPLR 6343 lets the respondent submit a single written request for a hearing to set aside part of the order, with the burden on the respondent to show changed circumstances by clear and convincing evidence.
Does the one-year ERPO clock start over when a final order follows a temporary one?
No. The final order's duration is measured from the date the temporary order was issued, not from the date of the final order itself.
Amendment History
L 2019, ch 19, § 1, effective August 24, 2019; L 2024, ch 427, § 2, effective February 6, 2025.
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
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