EAST FISHKILL- Assemblyman Anil Beephan (R, East Fishkill) has introduced a bill that provides discretion to police officers and district attorneys in applying for Extreme Risk Protection Orders (ERPO).
This bill precedes the ruling of Acting State Supreme Court Judge Craig Stephen Brown in Orange County last week, which declared unconstitutional a Temporary Risk Protection Order against a Middletown man.
“The simple yet noteworthy amendment changes an operational term from ‘shall’ to ‘may,’ which allows a police officer or district attorney certain discretion concerning the obligation to file an application for extreme risk protection order,” said Beephan.
An ERPO, more commonly known as a “Red Flag” law, is a court-issued order that prohibits someone who is believed to be dangerous to themselves or others from temporarily purchasing or possessing a firearm, rifle, or shotgun. Nineteen states, as well as Washington DC, have “Red Flag” laws and their provisions have been challenged constitutionally.
“This bill strikes a balance between protecting the public from potential harm and preserving the constitutional rights of individuals,” said Beephan. “We need to ensure that our laws are constitutional and protect the rights of our citizens.”
New York’s EROP was signed into law by former Governor Andrew Cuomo in February 2019. It provides for both temporary and final ERPOs and allows for law enforcement, district attorneys, family or household members, and school administrators to request protection orders. Beephan hopes that the bill will provide a starting point for a broader conversation about balancing safety with constitutional rights.
