215 - Extreme Risk Protection Order in New York State Youth – A Retrospective Observational Study

Poster Number: 215
Publication Number: 215.1377

Background:

Background: Firearms are the leading cause of death in U.S. youth. Black youth are disproportionately affected. Extreme Risk Protection Order (ERPO) is an evidence informed legal tool which can reduce suicide and mass shootings. Through a civil court order, ERPO temporarily prevents a person at risk of hurting themselves or others from possessing or purchasing firearms. Also known as red flag laws, ERPO is currently available in 21 states, including in New York State (NYS) since 2019. On 7/7/2022, following a Buffalo, NY mass shooting, the NYS ERPO law was expanded by requiring law enforcement to file and giving health practitioners the option to file for harm concerns. There are limited data on ERPO implementation in youth.

Objective:

Objective: To describe ERPO use for youth 10-17 years old in NYS from 8/2019 to 9/2023 using the NY Courts ERPO data dashboard, publicly accessible since 6/2023.

Design/Methods: Methods: A retrospective observational database review was conducted where 10289 cases were exported for analysis from the NY Courts ERPO dashboard. Inclusionary criteria were cases filed against youth 10-17 years between 8/26/2019 and 9/5/2023 in 62 NYS counties. Cases were stratified into two groups, pre-ERPO (8/26/2019-7/7/2022) and post-ERPO expansion (7/8/2022-9/5/2023) and compared using a Z-test of proportions. Cases against persons less than 10 years (n=22) and greater than 90 years (n=430) were excluded.

Results:

Results: Of a total of 9837 ERPO cases, 7.9% (n= 780) were filed against youth 10-17 years; approximately a third of youth cases (35.1%; 274/780) were 10-14 years (Table). Of all youth cases, 457 (58.6%) genders were reported as male and 98 (12.6%) as “unknown.” Race was not reported. The number and proportion of ERPO cases filed against youth 10-17 years significantly increased from pre-ERPO expansion (3.1%, n=57/1825) compared to post-ERPO expansion (9.0% (723/8007; p<.00001).

Conclusion(s):

Conclusion: Since the 2019 NYS ERPO enactment, 780 (7.9% of total) ERPOs cases involving youth 10-17 years old were filed, approximately a third of whom aged 10-14 years, for concerns of harm to themselves or others. The number and proportion of cases against youth significantly increased when ERPO was expanded in 2022. However, results are limited by dashboard data accuracy and availability. We suggest including the ERPO filing indication (suicide/homicide), petitioner category (individual with concern), respondent race (person at risk for harm), case outcome, services provided and other related de-identified case information to ensure effective, equitable implementation in youth.