Families can ask a court to remove guns from someone in crisis

If a family or household member is showing warning signs that they might hurt themselves or someone else, you can ask a New York judge to keep guns away from them. A family or household member, a police officer, a district attorney, or a school administrator can file. After the 2022 Buffalo shooting, the state also let certain licensed health care professionals who treated the person within the previous six months file.

If the judge sees probable cause, a temporary order can take effect right away. A hearing on a final order follows three to six business days after the temporary order is served, unless the respondent asks for more time. If there was no temporary order, the hearing is due within 10 business days after the application is served. If the person filing proves the danger by clear and convincing evidence, the judge can issue a final order lasting up to a year, and it can be renewed. While an order is in place, the person can’t have or buy a gun, rifle, or shotgun. New York was the first state to let schools ask for these orders. By February 2025, courts had issued about 14,000 of them. In 2024, a state appeals court upheld the law against a constitutional challenge.

Sen. Brian Kavanagh, who said the push began in 2014, and Assemblymember Jo Anne Simon carried the bill, with Sen. Brad Hoylman as co-prime sponsor in the Senate. Both chambers passed it on Jan. 29, 2019, the Senate 42–21 and the Assembly 100–37. Gov. Andrew Cuomo signed it on Feb. 25, 2019, and it took effect that August.