§ 6340.Definitions.

Article 63-A. Extreme Risk Protection Orders · Last amended 2024 · Last verified July 21, 2026

In one sentenceCPLR 6340 defines the terms used throughout New York's extreme risk protection order law, including who counts as a petitioner eligible to seek an ERPO and what the order itself prohibits a respondent from doing.

Full Text of CPLR 6340

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For the purposes of this article: 1. “Extreme risk protection order” means a court-issued order of protection prohibiting a person from purchasing, possessing or attempting to purchase or possess a firearm, rifle or shotgun. 2. “Petitioner” means: (a) a law enforcement agency that employs a police officer, as such term is defined in section 1.20 of the criminal procedure law, or a police officer or district attorney with jurisdiction in the county or city where the person against whom the order is sought resides; (b) a family or household member, as defined in subdivision two of section four hundred fifty-nine-a of the social services law, of the person against whom the order is sought; (c) a school administrator as defined in section eleven hundred twenty-five of the education law, or a school administrator’s designee, of any school in which the person against whom the order is sought is currently enrolled or has been enrolled in the six months immediately preceding the filing of the petition; or (d) a licensed physician, licensed psychiatrist, licensed psychologist, registered nurse, licensed clinical social worker, certified clinical nurse specialist, certified nurse practitioner, licensed clinical marriage and family therapist, registered professional nurse, licensed master social worker or licensed mental health counselor who has treated the person against whom the order is sought in the six months immediately preceding the filing of the petition. For purposes of this article, a school administrator’s designee shall be employed at the same school as the school administrator and shall be any of the following who has been designated in writing to file a petition with respect to the person against whom the order is sought: a school teacher, school guidance counselor, school psychologist, school social worker, school nurse, or other school personnel required to hold a teaching or administrative license or certificate, and full or part-time compensated school employee required to hold a temporary coaching license or professional coaching certificate. 3. “Respondent” means the person against whom an extreme risk protection order is or may be sought under this article. 4. “Possess” shall have the same meaning as defined in subdivision eight of section 10.00 of the penal law.

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Plain-English Summary

CPLR 6340 opens Article 63-A, New York's extreme risk protection order law, by defining an extreme risk protection order as a court-issued order prohibiting a person from purchasing, possessing, or attempting to purchase or possess a firearm, rifle, or shotgun.

The section then defines who may petition for one. That list includes a law enforcement agency that employs a police officer, or a police officer or district attorney, with jurisdiction where the person against whom the order is sought resides; a family or household member of that person, as defined in the Social Services Law; a school administrator, or a school employee the administrator has designated in writing (a teacher, guidance counselor, psychologist, social worker, nurse, or similar staff member), at a school where the person is currently or was recently enrolled; and a range of licensed health professionals, including physicians, psychiatrists, psychologists, and clinical social workers, who treated the person in the six months before the petition is filed.

The section closes out the definitions with the respondent, meaning the person against whom an ERPO is or may be sought, and cross-references the Penal Law's definition of possess for purposes of the article.

Frequently Asked Questions

Who can file a petition for an extreme risk protection order in New York?

Law enforcement agencies, police officers, and district attorneys with jurisdiction where the respondent lives; family or household members; certain school administrators or their designees; and specified licensed health professionals who treated the respondent within the past six months.

Can a family member ask a court to remove someone's guns under New York's ERPO law?

Yes. CPLR 6340 lists a family or household member, as defined in the Social Services Law, among the categories of people who may petition for an ERPO.

Can a teacher or school counselor file for an ERPO?

A school administrator can, and so can a school employee the administrator has designated in writing, such as a teacher, guidance counselor, school psychologist, social worker, or nurse, for a student currently or recently enrolled at that school.

Can a doctor or therapist request an ERPO against a patient?

Yes, if the provider is among the licensed professionals CPLR 6340 lists, such as a physician, psychiatrist, psychologist, or licensed clinical social worker, and treated the person within the six months before filing.

What does an extreme risk protection order prohibit?

It prohibits the respondent from purchasing, possessing, or attempting to purchase or possess a firearm, rifle, or shotgun.

Amendment History

L 2019, ch 19, § 1, effective August 24, 2019; L 2022, ch 208, § 1, effective July 6, 2022; L 2024, ch 425, § 1, effective October 9, 2024.

Source & verification. Provision text, History, and Advisory Committee Notes are reproduced verbatim from the Consolidated Laws of New York. Last verified July 21, 2026. · Official source

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