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Falsely filing an Extreme Risk Protection Order punishable by law under proposed Reilly bill

For Immediate Release: March 25, 2019
Contact: Peter Giunta, 347.621.8031

Assemblymember Michael Reilly (R-South Shore) announced today that he has introduced legislation which would make punishable as a Class-E Felony the filing of false information to generate an extreme risk protection order on another individual. Reilly’s bill (A. 6796) was created in response to the recent passage of the Extreme Risk Protection Law, also known as the Red Flag Law.

Under the Extreme Risk Protection Law, an individual can petition the court to issue an Extreme Risk Protection Order (ERPO) against another individual, requiring them to relinquish their firearm to the local authority. The order would be granted if the court finds probable cause to believe the individual is likely to harm themselves or others based on information provided by the individual seeking the order; however, if the ERPO is filed against someone who is not the owner of the firearm but resides in the house, for example, of someone who does legally own a firearm, the court order would have that firearm removed. In addition to handing over their firearm, the individual would also be banned from purchasing or possessing another firearm for up to one year.

“Albany is notorious for being near-sighted when legislating,” said Reilly. “That was the case with the abortion law that was enacted earlier this year, which had lacked safeguards for victims of domestic violence, and that is the case now with this foolish Red Flag Law, which allows for those exercising their Second Amendment right to be targeted in a style akin to McCarthyism. This is an afront to law abiding gun owners and the fact that there is not a single repercussion for an individual who submits false information in an effort to obtain an Extreme Risk Protection Order is not only outrageous, it is downright dangerous.”

Reilly’s bill amends the penal code with the addition of a provision that would make it a Class-E Felony to file an Extreme Risk Protection Order using false information. In New York State, a Class-E ‘Non-Violent’ Felony is punishable with up to four years of probation.

Michael Reilly is a former Lieutenant and 12-year veteran of the New York City Police Department. He was elected to the State Assembly in 2018.

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