Today, Assemblymember Monica Wallace (D-Lancaster) announced the New York State Assembly passed legislation she introduced (A7717B) that would protect the privacy of law enforcement officers in court proceedings to remove firearms from dangerous individuals, such as those who have threatened to commit mass shootings.

Under the current law, law enforcement officers who file extreme risk protection orders (ERPOs) serve as petitioners in the court proceedings, which has resulted in the officers being flagged as highly litigious and interfered in personal loan applications, among other issues. Assemblymember Wallace’s legislation would allow law enforcement agencies, rather than individual officers, to serve as petitioners in ERPO applications.

“New York’s ERPO law is a crucial tool to protect the public from gun violence. Law enforcement have used these orders to remove firearms from thousands of dangerous individuals, saving countless lives,” said Assemblymember Wallace. “Unfortunately, under the current law, law enforcement officers’ personal lives are being impacted simply for doing their job. So my legislation would protect police officers from these unintended consequences and fix a law that has been instrumental to fighting the scourge of gun violence.”

Since its adoption into state law in 2019, ERPOs have been used to remove firearms from thousands of dangerous individuals. Over 5,000 ERPO applications were filed in 2023, after Assemblymember Wallace joined Governor Hochul and the state Legislature in expanding the law following the Tops mass shooting in May 2022, including by requiring police and district attorneys to file ERPOs when they have evidence that an individual poses a threat to public safety.

Since then, ERPOs have been used to remove firearms from hundreds of individuals who have made threats of mass harm. The ERPO expansion has also coincided with sharp declines in gun violence both across Western New York and the entire state. Additionally, researchers have found ERPO firearm seizures reduce suicides, as a study in Connecticut estimated that one life is saved for every 10 guns seized under ERPOs.

“New York State Police Investigators Association has been on the front lines of both enforcing Red Flag laws and also working with the Legislature to improve them. This legislation is a critical step forward in protecting the personal lives of police officers as they enforce the State’s Red Flag laws,” said Timothy Dymond, President of NYSPIA. “It simply minimizes the effects on a Police Officer’s personal life for actions they must take at work. We thank Assemblymember Wallace and Senator Scarcella-Spanton for pushing this bill and looking out for the best interests of police officers around the state.”

“Our officers risk their lives every day to ensure the safety of New Yorkers, and for the past four years, they have been unfairly burdened in their personal lives for performing their duties,” said Senator Scarcella-Spanton. “They shouldn't have to compromise their futures to keep our streets safe, and this bill addresses that issue,” said Senator Scarcella-Spanton.