Prior results do not guarantee a similar outcome.
Larkin Ingrassia, PLLC prides itself on being at the forefront of both novel and complex legal issues at all levels of the New York court system by creatively and effectively advocating for our clients. This mission and theme were present throughout the firm’s representation of a young man whose Second Amendment right to posses a firearm was compromised by an Extreme Risk Protection Order, or ERPO. Also known as New York’s Red Flag Law, Civil Practice Law and Rules Article 63-A authorizes law enforcement, or other individuals, to petition a state supreme court to seize firearms lawfully held by individuals if there is a belief that the individual is a risk of serious harm to oneself or others. With a carefully researched and written motion to dismiss, the firm was able to secure a dismissal of this proceeding against our client. The New York Attorney General’s Office appealed this decision to the Appellate Division, Second Department. Larkin Ingrassia, PLLC defended our client yet again by advancing the same arguments—that New York’s Red Flag law does not afford a respondent sufficient due process and that the law, as written, runs the risk of erroneously depriving a law-abiding citizen’s right to possess firearms. This work equipped Larkin Ingrassia, PLLC with a strong understanding of how Extreme Risk Protection Orders work and how to defend against their issuance. While the Second Department disagreed with our arguments and reversed the lower court’s decision, the stage has been set for these arguments to wind their way through the remainder of the Appellate Division and hopefully to the Court of Appeals where we hope there will be interest in causing the New York State Legislature to amend the state’s red flag law to afford its citizens better protections of their constitutional rights.
If you or a loved one is facing the loss of the right to possess a firearm because of an Extreme Risk Protection Order (ERPO), contact Larkin Ingrassia, PLLC at 845-566-5345 to learn how we might be able to help you.