Westchester DA Calls For New State Gun Law

WHITE PLAINS, NY — Westchester County District Attorney Anthony A. Scarpino Jr. has urged Governor Andrew Cuomo and the state legislature to pass a law that will empower family members and police to remove guns from household members in crisis and at risk of deadly consequences, pending a hearing. Scarpino wants the Extreme Risk Protection Order bill to be part of the state budget.

While the state may already have some of the strongest gun laws in the country, Scarpino said enacting ERPO legislation may save more lives by stopping potential offenders who are in crisis from committing acts of violence that could otherwise be preventable by allowing law enforcement to take weapons out of their hands before a tragedy occurs.

“The time to pass this bill is now,” he said. “I urge Gov. Cuomo along with state lawmakers to work together and enact this bill as part of the state budget.”

Scarpino said he stands with the New York ERPO Coalition, which includes New Yorkers Against Gun Violence, Moms Demand Action for Gun Sense in America and the district attorneys of Manhattan, Bronx, Brooklyn, Staten Island and Queens counties among others, in supporting the potentially life-saving legislation.

The Extreme Risk Protection Order (A.6994/S5447) will allow law enforcement to remove weapons from individuals in crisis and bar them from obtaining firearms. Currently, there is often no legal process for removing firearms already possessed by such individuals, even if family members or law enforcement believe them to pose an elevated risk of violence to themselves or others, according to a spokeswoman.

Under this bill, an ERPO will allow district attorneys, family and household members, intimate partners or police officers to petition the court to issue a civil order of protection prohibiting people found to be dangerous to themselves or others from possessing or purchasing a gun.

The court may grant a temporary ERPO if the application presents sufficient evidence of threats, serious bodily harm, attempts at suicide or homicide or other violent behavior to oneself or others. The individuals in crisis have a right to a hearing, if the ERPO is granted. Law enforcement agencies are notified when an ERPO is issued.

The New York state budget deadline is April 1, 2018.

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