An extreme risk protection order is being pursued against a Jamesville suspect accused of recently making threats on a social media app against a business.
The suspect was arrested and charged with making a terroristic threat, a felony. The Onondaga County district attorney said police have removed two long guns from where the suspect lives.
The guns were removed, even though a final hearing on the extreme risk protection order (ERPO) hasn’t taken place yet.
Timothy Nelson has worked 20 years in the gun business. It’s a business with a lot of rules and regulations. To buy a gun, Nelson says customers must present photo identification, reside in New York state and fill out a form before being approved.
What You Need To Know
- An extreme risk protection order is being pursued against a Jamesville suspect accused of making threats on a social media app against a business
- The guns were removed, even though a final hearing on the order hasn’t taken place yet
- That's because even initial orders have restrictions
“You fill out a 4473," said Nelson, the owner of Intimidator Sports. "After you've completed and signed it, there is a legal binding document with the federal government. We submit your information and wait for a response from the government."
He said there are four possible government responses: proceed, open, delay or deny. Something that could interfere is an ERPO, a court order issued when a person may be a danger to themselves or others. It prohibits someone from buying or possessing guns.
Onondaga County District Attorney William Fitzpatrick said there’s a process for an ERPO to become final, but even the initial order carries these restrictions.
“He’s also entered into the national system, so that if he were to, for example, go to Dick's tomorrow and try to buy a long gun or a handgun, he would be precluded from doing that," said Fitzpatrick.
He said the suspect accused of making threats has a final hearing on the ERPO on Friday.
At Nelson’s shop, he said they don’t know whether or not someone trying to buy a gun has an ERPO issued, but the person will still not be able to buy a gun because they won’t have government approval.
“It's not information that we're privy to. And that's your right, because what happens if it was filed incorrectly? You follow what I'm saying? Or maybe it wasn't true. If they're telling me that, then all of a sudden it's a red flag. And I know even though it might not be true, I've got to be conscious of who I'm selling firearms to," Nelson said.
Nelson said if he or someone else selling guns isn’t comfortable with who they’re selling to, they have the right to deny or delay the purchase and contact the authorities.