Washington, D.C., March 20, 2024 – The New York Appellate Division, Second Department upheld the constitutionality of the state’s Extreme Risk Protection Order Law (ERPO). An ERPO prevents the person in crisis from purchasing a gun and allows law enforcement to temporarily hold any guns already owned for safekeeping. New York is one of 20 states that have enacted ERPO laws, and they are routinely upheld as constitutional against legal challenges. Brady Center to Prevent Gun Violence, the nation’s oldest gun violence prevention organization, filed amicus briefs in support of both of the Empire State’s cases to uphold the law.
Shira Lauren Feldman, Brady’s Director of Constitutional Litigation:
“These decisions are a step towards a future free from gun violence for all New Yorkers. We are so pleased that the Second Department has upheld the Extreme Risk Protection Order Law, a common-sense solution to prevent a temporary crisis from becoming a permanent tragedy. Nothing in either New York’s constitution or the federal constitution prevents legislatures from temporarily suspending firearms from people who are understood to be a danger to themselves and others. We are thankful to New York Attorney General Letitia James for her fight to preserve these laws that are sure to save countless lives.”
Brady has one powerful mission — to unite all Americans against gun violence. We work across Congress, the courts, and our communities with over 90 grassroots chapters, bringing together young and old, red and blue, and every shade of color to find common ground in common sense. In the spirit of our namesakes Jim and Sarah Brady, we have fought for over 45 years to take action, not sides, and we will not stop until this epidemic ends. It’s in our hands.
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