Assemblyman Edward C. Braunstein (D-Bayside) announced that the Assembly once again passed legislation to establish an “extreme risk protection order” to help keep guns out of the hands of people demonstrating a serious threat to themselves or others (A.11148). The orders would help prevent gun violence, including mass shootings, domestic violence homicides and gun suicides, Assemblyman Braunstein noted.

The Assembly passed a version of the bill in March, but has since strengthened the legislation by adding school officials to the list of individuals who can petition for an order, recognizing that teachers and counselors are on the front lines and are often some of the first people to see the warning signs that lead to school shootings.

All too frequently, we are hearing reports of disturbed individuals using guns to take innocent lives,” said Assemblyman Braunstein. “We need to be taking real action to combat this growing problem. One of the most significant steps we can take is making sure that people who exhibit clear warning signs do not have access to guns.”

The legislation gives courts the ability to issue a restraining order, known as an “extreme risk protection order,” prohibiting a person who exhibits serious signs of being a threat to themselves or others from purchasing or possessing a firearm for up to one year. The petitioner, who could be a family member, school official or law enforcement officer, would be required to file a sworn application describing the circumstances and justification for the request. Following a hearing, the court could grant the order if there is reasonable cause to believe the individual in question is likely to engage in conduct that would result in serious harm to themselves or others. In emergency circumstances, the court could also issue a temporary order restricting access to firearms pending a final hearing.

There are frequently red flags for gun violence. The authorities were warned the Parkland shooter was amassing weapons with the intent to attack a school. In fact, research shows that 42 percent of mass shooters between 2009 and 2016 exhibited warning signs. A law in Connecticut that allows courts to remove guns from a person who’s a danger to themselves or others resulted in a nearly 14 percent reduction in firearm suicides.

“Too many lives have been lost to gun violence,” Assemblyman Braunstein said. “Thoughts and prayers will never be enough – they will not bring victims back and they will not keep guns out of the hands of dangerous individuals. This legislation is an important step toward protecting New Yorkers from harm.”

Earlier this year, the Assembly helped make the Domestic Violence Escalation Prevention Act law, prohibiting an individual who has been convicted of a domestic violence crime from purchasing or possessing a firearm. Further, legislation was passed to ban devices that accelerate the firing rate of firearms so they operate in the same manner as machine guns, including trigger cranks and bump-fire devices, as well as a bill to extend the waiting period for those who have not cleared a background check from three days to 10.