New Law Alert: Governor Hochul Strengthens Red Flag Law for Safer Streets!

Albany, NY — Governor Kathy Hochul has announced the enactment of a new law aimed at bolstering New York State’s Red Flag Law.

Effective immediately, this legislation mandates that courts across the state notify the statewide registry of orders of protection and warrants whenever judges issue temporary or final extreme risk protection orders (ERPOs). This measure seeks to codify existing practices to ensure that no ERPOs are overlooked.

Enhancing the Red Flag Law

The newly effective law, designated as S.3340/A.5873, requires courts to inform the statewide registry upon issuing an ERPO.

This step formalizes the procedure to prevent any potential lapses in the enforcement of these critical protective orders.

Governor Hochul emphasized the importance of this action, stating, “Protecting New Yorkers is my top priority, and the expansion of the Red Flag Law is taking dangerous, deadly weapons away from those who pose a threat to themselves or others and preventing violence and tragedy.”

The Red Flag Law: A Brief Overview

New York’s Red Flag Law, also known as the Extreme Risk Protection Order law, was enacted to prevent individuals who exhibit signs of being a threat to themselves or others from purchasing or possessing firearms.

The law provides a legal mechanism for courts to issue ERPOs, which temporarily restrict individuals from accessing firearms, thereby aiming to prevent potential tragedies.

Significant Impact Since Strengthening Measures

Since the implementation of measures to strengthen the Red Flag Law, there has been a notable increase in the issuance of ERPOs.

Courts across New York have issued over 22,000 ERPOs to date, with 92 percent of them occurring after Governor Hochul partnered with the Legislature to enhance the law following the racially motivated attack at a Buffalo supermarket on May 14, 2022.

In addition to the increased issuance of ERPOs, law enforcement agencies statewide seized 9,408 firearms in 2024, including 769 ghost guns—untraceable firearms often assembled from kits.

These efforts underscore the state’s commitment to reducing gun violence and enhancing public safety.

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Collaborative Efforts to Combat Gun Violence

The expansion and enforcement of the Red Flag Law are part of a broader strategy to address gun violence in New York State.

Governor Hochul has collaborated closely with Attorney General Letitia James and other stakeholders to ensure effective implementation of the law.

This partnership has led to a significant increase in the use of ERPOs, with more than 1,900 orders issued in the four months following the strengthening of the law in 2022.

Attorney General James highlighted the importance of these measures, stating, “Keeping guns away from dangerous individuals is a common sense way to save New Yorkers’ lives. Extreme risk protection orders have helped avert tragedies and protect communities.”

Ongoing Commitment to Public Safety

The enactment of S.3340/A.5873 reflects New York State’s ongoing commitment to enhancing public safety through comprehensive gun control measures.

By ensuring that ERPOs are promptly and accurately reported to the statewide registry, the state aims to prevent individuals who pose a risk from accessing firearms.

Governor Hochul’s administration continues to advocate for robust gun safety laws and encourages other states to adopt similar measures to address the pervasive issue of gun violence nationwide.

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