Legislation (S. 3436/A. 5835) Exempts Applications for an ERPO from Requiring an Index Number Fee
Governor Kathy Hochul today signed legislation (S. 3436/A. 5835) to exempt applications for an Extreme Risk Protection Order from requiring an index number fee. This legislation will strengthen New York State’s Extreme Risk Protection Order law, also known as the Red Flag Law, which prevents individuals who show signs of being a threat to themselves or others from purchasing or possessing any kind of firearm. The Red Flag Law provides procedural safeguards to ensure that no firearm is removed without due process while helping to prevent tragedies, like the school shooting in Parkland, Florida, and the racist mass shooting in Buffalo. Since the new legislation was enacted in June 2022, the number of Extreme Risk Protection Orders has increased by ten times. New Yorkers can get more information on Extreme Risk Protection Orders here and by visiting the Extreme Risk Protection Order Dashboard.
“Red Flag Laws play a critical role in keeping our communities safe by allowing concerned individuals to raise awareness about potential threats,” Governor Hochul said. “This piece of legislation will ensure increased accessibility with a more straightforward process for New Yorkers to take proactive measures in preventing harm and promoting public safety.”
Legislation (S. 3436/A. 5835) exempts applications for an extreme risk protection order from requiring an index number fee. By eliminating this fee, the enacted legislation will ensure there is no financial barrier for New Yorkers to keep their communities safe.
State Senator James Skoufis said, “In eliminating needless, onerous fees associated with Extreme Risk Protection Order applications, this legislation better empowers community leaders to take preemptive action and ensure firearms are kept out of the hands of dangerous individuals. I thank Governor Hochul for prioritizing the safety of New Yorkers by signing this bill.”
Assemblymember Charles Lavine said, "I thank Governor Hochul for continuing to improve this system which saves lives and ensuring that of the 22 jurisdictions that have Red Flag Laws, New York's laws remain among the strongest in the nation. I wrote the first Extreme Risk Protection Orders years ago following a lengthy conversation with Mark Barden, whose 7-year-old son Daniel was murdered in the Sandy Hook massacre. I sponsored this legislation in the Assembly because I am not prepared to sacrifice the lives of our children and our families to the scourge of senseless gun violence."