ERPO Attorney in Syracuse, NY

An ERPO attorney defends you when someone asks a New York court to take your guns under the state’s red flag law. Cambareri & Brenneck, PLLC is a Syracuse, NY criminal defense firm founded by former Onondaga County prosecutors. Your hearing can come within days. Call 315-424-8326 for a free consultation.

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Extreme Risk Protection Order Defense From Former Prosecutors

You were not charged with a crime. You still need a lawyer, and you need one fast.

An extreme risk protection order (ERPO) is a civil court order under New York’s red flag law, CPLR Article 63-A. It can take every gun, rifle and shotgun you own and suspend your pistol license, even though you have not been arrested or charged with anything. Many people learn about it only when police knock on the door with a temporary order and, sometimes, a search warrant.

The clock starts the moment you are served. A temporary ERPO can be issued the same day the petition is filed, without you there to respond. The hearing on a final, year-long order must be held no sooner than 3 and no later than 6 business days after you are served . That is very little time to gather witnesses, records and proof.

Cambareri & Brenneck is made up of former Onondaga County prosecutors. We know how police and prosecutors build a case for “dangerousness,” because we used to evaluate that kind of evidence from the other side. Scott A. Brenneck prosecuted weapons and violent felony cases in the District Attorney’s Felony Trial Unit. Melissa K. Swartz handles complex hearings and appeals in state and federal court. We use that experience to test the petition, prepare you to testify, and fight for the return of your firearms.

Served with a temporary ERPO in Syracuse? Do these four things now

Follow the order.

Surrender your firearms as the order directs and get a written receipt for every item. Refusing can lead to a criminal charge and will hurt you at the hearing.

Say as little as possible.

Be polite, but don’t explain, argue or discuss your mental health with the officers. What you say can end up in the police report the judge reads. (Read more: why speaking to police without a lawyer is risky.)

Write down your hearing date.

The temporary order lists the date, time and court. If you need more time to prepare, you have the right to ask for it.

Call an ERPO attorney the same day.

Witnesses, medical records and texts take time to collect. Call 315-424-8326.

What does ERPO mean?

ERPO stands for Extreme Risk Protection Order. In New York, it is a court order that stops a person from buying or possessing a firearm, rifle or shotgun when a judge finds they are likely to engage in conduct that would result in serious harm to themselves or others, as defined in Mental Hygiene Law §9.39. There are two kinds: a temporary ERPO (TERPO) and a final ERPO.

Who can file an ERPO against you?

Under CPLR §6340, these people can petition:

a police officer or the law enforcement agency that employs one
a district attorney
a family or household member, including a spouse or ex-spouse, a person you share a child with, or someone you’ve dated
a school administrator, or a school employee they designate in writing, at a school you attend or attended in the last six months
a licensed health care practitioner (such as a physician, psychologist, nurse practitioner or licensed social worker) who treated you in the last six months

Since 2022, police and district attorneys must file when they receive credible information that someone is likely to cause serious harm, unless they find no probable cause. New York State Police are also under an executive order to file ERPOs, and the Attorney General’s Office represents State Police at final hearings, including through its Syracuse Regional Office. Friends, neighbors and co-workers cannot file directly, but they can report concerns to someone who can.

What are my rights at an ERPO hearing?

You have the right to notice, a hearing, and to be heard. You can testify, call witnesses, submit evidence, and challenge the petitioner’s proof. The petitioner must prove its case by clear and convincing evidence, a much higher standard than the probable cause needed for the temporary order. You may hire your own lawyer, but the court generally does not appoint one for free because the case is civil.

What happens to my guns and pistol permit?

Police take every firearm, rifle and shotgun you surrender or that they find, and they must give you a receipt. The agency must hold the guns for at least two years unless you legally transfer them to someone allowed to own them. A final ERPO also temporarily suspends any New York firearm license and makes you ineligible for one while it lasts. If police took a gun that belongs to someone else in your home, the owner can ask the court to return it. For permit problems tied to a criminal arrest rather than an ERPO, see our weapons charge defense page.

Is New York's red flag law constitutional?

So far, appellate courts have upheld it. In 2024, the Appellate Division, Second Department ruled that the ERPO law does not violate the Second Amendment, after some trial courts had reached different results. Syracuse cases are appealed to the Fourth Department, which has also decided ERPO appeals. In most cases, the strongest defense is not a constitutional argument. It is showing the judge that the facts don’t meet the legal standard.

How Our ERPO Attorneys Fight a Red Flag Petition

An ERPO case turns on facts. We test every part of the petitioner’s story:

The legal standard. The petitioner must prove you are likely to cause serious harm under Mental Hygiene Law §9.39. Anger, a heated argument, or owning many guns is not enough on its own.

The statutory factors. Judges weigh threats, violence, order of protection violations, weapon charges, reckless gun use, substance abuse, recent gun purchases and animal cruelty. “Recent” means the last six months, and the judge must consider how long ago something happened and how old you were. Old incidents carry less weight.

The petitioner’s motive. Petitions filed during a breakup, custody fight or family dispute deserve close scrutiny. We look for texts, emails and witnesses that tell the other side of the story.

The police background report. The court orders police to report on your criminal history, pending charges, registered guns and orders of protection. These reports can contain errors and old, dismissed matters.

Your mental health evidence. A letter or evaluation from your own doctor or counselor can directly answer the claim that you are a danger. We help you decide what to share and what to keep private.

Character and safety evidence. Employers, family members, hunting partners and range officers can speak to how you handle firearms.

The search. If police searched your home, we check whether they stayed within the warrant and the law.

Any related criminal case. If you also face a criminal charge, what you say at the ERPO hearing can affect it. We coordinate both cases so one doesn’t hurt the other. See our felony and misdemeanor defense page.

What an Extreme Risk Protection Order Does to You

An ERPO is not a criminal sentence, but its effects are real. Here is what each type of order does under CPLR Article 63-A.

ERPO Effects Compared

Swipe to see all columns →

Effect	Temporary ERPO (TERPO)	Final ERPO
Ban on buying or possessing guns, rifles and shotguns	Yes	Yes
Must surrender all firearms	Yes, promptly, to police	Yes; guns already taken stay with police
Police search for guns	Possible, if the court orders it	Possible, if the court orders it
Pistol license	Licensing officers are notified	Suspended; you are ineligible for a license while the order lasts
Reported to State Police, DCJS and the FBI background check system	Yes, by the next business day	Yes, by the next business day
How long it lasts	Until the hearing (3–6 business days after service)	Up to 1 year, measured from the temporary order
Can it be extended?	—	Yes. The petitioner may seek renewal within 60 days before it expires
Criminal record?	No	No. Records are sealed when the order expires, with exceptions

Sources: CPLR §§6342, 6343, 6345, 6346. Sealed ERPO records remain available to you, the courts, police, firearm licensing officers when you apply for a license, and employers hiring police or peace officers. This table is general information, not legal advice about your case.

New York Red Flag Law: TERPO vs. Final ERPO

New York’s red flag law took effect on August 24, 2019, and was expanded in 2022. Every case starts with an application for a temporary order. Here is how the two stages compare.

ERPO Stages Compared

Swipe to see all columns →

	Temporary ERPO (TERPO)	Final ERPO
Statute	CPLR §6342	CPLR §6343
Are you there?	Usually not (ex parte)	Yes, you get notice and a hearing
Standard of proof	Probable cause	Clear and convincing evidence
When decided	Same day the application is filed	3–6 business days after the TERPO is served, or within 10 business days if no TERPO was issued
Length	Until the hearing	Up to 1 year
Court	State Supreme Court, county where you live	Same

What if the judge denies the temporary order?

The case does not end. Unless the petitioner withdraws, the court still schedules a hearing on a final ERPO within 10 business days after you are served, and you keep your guns until then. Prepare for that hearing the same way you would after a TERPO.

Violating an ERPO

Having or buying a gun while an ERPO is in effect, or failing to surrender firearms, can lead to criminal charges, including criminal contempt. It also makes renewal of the order far more likely. If you have been charged, see our criminal contempt defense page.

False or exaggerated petitions

An ERPO application must be sworn. A knowingly false petition may be prosecuted, for example as a false sworn statement. In practice, the best answer to a false or exaggerated petition is to expose it at the hearing with documents and witnesses.

Safe storage after your guns are returned

If a judge returns firearms to another lawful owner in your household, that person must store them safely under Penal Law §265.45. Careless storage can create a new criminal problem and a new ERPO petition.

Renewal and the one-time request to change the order

During a final order, you may submit one written request for a hearing to set aside any part of it. You must prove a change in circumstances by clear and convincing evidence. Near the end of the year, the petitioner may ask to renew the order within 60 days before it expires, and you get another hearing. Plan both steps with your lawyer. You only get one request.

Appealing a final ERPO

A final ERPO from Onondaga, Cayuga or Oswego County Supreme Court can be appealed to the Appellate Division, Fourth Department. Strict deadlines apply. Our criminal appeals team includes attorneys who have argued in the Fourth Department and the Court of Appeals.

Students and school-based petitions

School administrators can file against current students or those enrolled in the last six months. A college student may also face campus discipline over the same events. See our university discipline and Title IX page.

What Happens at an ERPO Hearing in Onondaga County

ERPO cases are civil cases in State Supreme Court, not criminal cases in City Court. Here is the usual path for a Syracuse resident.

Petition filed.

A sworn application is filed in Supreme Court in the county where you live. For Syracuse and the Onondaga County towns, that is Onondaga County Supreme Court at the Onondaga County Courthouse, 401 Montgomery Street. Our office at 300 South State Street is a short walk away.

Temporary order and service.

The judge decides the temporary order in writing the same day. Police serve it, ask you to surrender your guns, and give you a form to list every firearm and where it is kept.

Background report.

The court directs police to report on your criminal history, pending charges, registered guns and order of protection history. Get a copy and check it for errors.

Preparation (3–6 business days).

We gather records, line up witnesses and prepare you to testify. If you need more time, you can ask for it.

The hearing.

The petitioner, often a police agency represented by a government attorney, presents evidence first. You can cross-examine, testify and call witnesses. The judge considers the petition, all evidence, the police report and the statutory factors.

Written decision.

The court issues a written order granting or denying the ERPO, with reasons. If it is denied, the court orders your guns returned once it finds no other legal barrier.

After the order.

If granted, the order lasts up to one year. When it expires, you must apply in writing to get your guns back. If the licensing officer plans to revoke your pistol license, the return can be put on hold until that is decided.

Outside Onondaga County:

Auburn residents go to Cayuga County Supreme Court in Auburn. Oswego residents go to Oswego County Supreme Court in Oswego. The rules and timelines are the same statewide.

Long-Term Consequences of a Red Flag Order

An ERPO ends, but its effects can last:

Pistol license.

A licensing officer can start revocation proceedings based on the same facts, even after the ERPO expires.

Future petitions.

A past ERPO violation is one of the factors a judge weighs in any future petition.

Police and peace officer jobs.

Sealed ERPO records can still be shown to agencies hiring police or peace officers.

Gun purchases.

While the order is in effect, it is reported to the FBI, so a background check will block any purchase.

Family court and divorce.

An ERPO finding is not binding in other cases, but the same facts can still come up in custody or order of protection cases.

Your reputation.

Neighbors see the police at your door. Winning the hearing is the clearest way to close the matter.

MEET THE TEAM

Meet Your Red Flag Law Defense Team

Cambareri & Brenneck was founded by, and is made up of, former Onondaga County prosecutors. In an ERPO case, that means a defense team that knows how police and prosecutors present evidence of “dangerousness”, and how to answer it.

Scott A. Brenneck

Partner, Attorney

Former ADA, Felony Trial Unit: weapons, assault, burglary, robbery

Melissa K. Swartz

Attorney

Trial and post-conviction work in state and federal court; Court of Appeals

Steve Cambareri

Partner

Former ADA, violent felony trial bureau

Joe Centra, Esq.

Attorney

Former ADA, Law & Appeals and Narcotics bureaus

(Ret.) Judge John

Special Counsel

Retired Appellate Division justice, now leading firm mediation.

Steve Cambareri

Partner

Former ADA, violent felony trial bureau

Scott A. Brenneck

Partner, Attorney

Former ADA, Felony Trial Unit: weapons, assault, burglary, robbery

Melissa K. Swartz

Attorney

Trial and post-conviction work in state and federal court; Court of Appeals

Joe Centra, Esq.

Attorney

Former ADA, Law & Appeals and Narcotics bureaus

(Ret.) Judge John

Special Counsel

Retired Appellate Division justice, now leading firm mediation.

WHY CHOOSE US

Why Hire Former Prosecutors as Your ERPO Lawyer

Former Onondaga County Prosecutors.

We spent years weighing evidence for the prosecution. Now we use that insight to find the gaps in a red flag petition.

Ready in Days, Not Weeks

ERPO hearings move fast. We start gathering witnesses and records as soon as you call.

Hearing and Appeal on One Team

If the hearing doesn't go your way, our appellate attorneys can take the case to the Fourth Department.

Free, Confidential Consultation

Call 315-424-8326 or send a message. Bring your order and we'll explain your options.

AREAS WE SERVE

ERPO Defense for Syracuse & Central New York

Syracuse, NY

Downtown office at 300 South State Street. Cases in Syracuse City Court and Onondaga County Court.

Onondaga County towns

Clay, Salina, Cicero, DeWitt, Manlius, Camillus, Onondaga and Baldwinsville town and village courts.

Auburn (Cayuga County)

Auburn City Court and Cayuga County Court.

Oswego (Oswego County)

Oswego City Court and Oswego County Court.

FAQS

ERPO & Red Flag Law FAQs

What is an ERPO in New York?

An Extreme Risk Protection Order (ERPO) is a civil court order under New York’s red flag law, CPLR Article 63-A. It bars a person from buying or possessing guns, rifles and shotguns if a judge finds they are likely to seriously harm themselves or others. It is not a criminal charge, but it takes your guns and suspends your pistol license.

Who can file an ERPO petition against me?

Police officers, district attorneys, family or household members, school administrators and certain licensed health care practitioners who treated you in the last six months can file. Police and district attorneys must file when they receive credible information, unless they find no probable cause. Friends and neighbors can’t file directly, but they can report concerns to police.

How long does an ERPO last?

A temporary ERPO lasts only until the hearing on a final order, which is held 3 to 6 business days after you are served. A final ERPO can last up to one year, counted from the date of the temporary order. The petitioner can ask to renew it within 60 days before it expires, and the court must hold another hearing.

What happens at an ERPO hearing?

The hearing is held in State Supreme Court in the county where you live. For Syracuse residents, that is Onondaga County Supreme Court. The petitioner must prove by clear and convincing evidence that you are likely to cause serious harm. You can testify, call witnesses and challenge the evidence. The judge then grants or denies a final order in writing.

Is an ERPO a criminal charge? Will it go on my record?

No. An ERPO is a civil order, not an arrest or a conviction. While it is in effect, it is reported to the State Police, licensing officers and the FBI background check system. When it expires, the records are sealed, with exceptions for courts, police, firearm licensing officers and employers hiring police or peace officers.

Will I get my guns back after an ERPO?

Usually, if nothing else bars you from owning guns. If the judge denies the final order, the court orders your guns returned. After a final order expires, you apply in writing for their return. If the licensing officer moves to revoke your pistol license, the return can be put on hold until that is decided.

Can I fight an ERPO after it becomes final?

Yes, in limited ways. You can make one written request during the order for a hearing to set aside part or all of it, but you must prove a change in circumstances by clear and convincing evidence. You may also be able to appeal to the Appellate Division, Fourth Department. Both options have strict rules, so get advice early.

Will the court appoint a lawyer for my ERPO hearing?

Generally, no. Because an ERPO is a civil case, the court usually does not assign a free lawyer the way it does in a criminal case. You have the right to hire your own attorney, and the temporary order itself tells you to consult one promptly. With the hearing only days away, call as soon as you are served.

Can I give my guns to a family member instead of the police?

Possibly. The law allows a legal transfer of ownership to someone permitted to own the guns, and a gun owned by another person in your home can be returned to that owner if a judge finds no legal barrier. That person must store them safely. Don’t hand over any gun without legal advice, because it can create new problems.

What if someone filed a false ERPO petition against me?

ERPO petitions are sworn, so a knowingly false petition may be a crime. The faster fix is to expose it at the hearing, where the petitioner must meet a high standard of proof. We gather texts, witnesses and records that show what really happened. Call Cambareri & Brenneck at 315-424-8326 for a free consultation with a former prosecutor.

Reviewed by Scott A. Brenneck, former Onondaga County Assistant District Attorney (Felony Trial Unit). Last updated October 2026.

Free Confidential Consultation

Served with an ERPO? Tell us briefly when you were served and the date of your hearing. A member of our team will get back to you quickly. You can also call 315-424-8326.

Phone Number

315-424-8326

info@yourcriminaldefense.com

Location

300 South State Street 1st Floor, Syracuse, NY 13202

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