Assemblyman Steve Stern (D-Huntington) announced he helped pass a legislative initiative he co-sponsored to establish an “extreme risk protection order” to prohibit individuals who pose a major threat to themselves or others from purchasing or possessing firearms (A.11148). This common sense legislation will help prevent incidents of gun violence, including mass shootings and domestic violence homicides, as well as suicides, Stern noted.

“We have lost too many innocent lives to gun violence, and it is past time for action,” said Stern. “We have seen too many examples where there were warning signs. This effort will help keep guns out of the hands of those who exhibit dangerous and violent behavior and should not have them.”

The legislation gives courts the ability to prohibit anyone deemed to pose a serious threat to themselves or others from purchasing or possessing a firearm for up to one year under a restraining order, known as an “extreme risk protection order.” Family members, school officials or law enforcement officers concerned about an at-risk individual may petition by filing a sworn application describing the circumstances and justification for the request. Following a hearing, the court may grant the order if there is reasonable cause to believe the individual in question is likely to engage in conduct that would result in severe harm either to themselves or to others. The court may also issue a temporary order restricting access to firearms in emergency circumstances, pending a final hearing.

Stern explained, “This legislation is a proactive measure that allows concerned citizens to take the necessary steps to keep guns out of the hands of those who should not have them, which will hopefully save lives.”