On August 1, 2026, a Saratoga County, New York, trial court judge denied a school's application for a Temporary Extreme Risk Protection Order (TERPO) against a 13-year-old student. The court also rejected the school's request for a no-knock search warrant to search the homes of the student's parents and seize any firearms found.

The application sought authorization for the search to be conducted "at any time of the day or night" and "without notice of the officer's authority or purpose," commonly known as a no-knock warrant. However, the court found that the petition lacked evidentiary support to justify such a warrant.

The supporting affidavit from the school superintendent claimed the student's father is a licensed firearm dealer, suggesting the student had access to firearms at home. The affidavit expressed concern that the student represented a danger to himself and others. Despite this, the court noted the application was conclusory and lacked factual basis, emphasizing that under New York law, it is illegal for a 13-year-old to handle or possess firearms.

Furthermore, the court agreed with Justice Schreibman's view that it is "unwarranted under existing law" to seek an Extreme Risk Protection Order against children under eleven years old or those under sixteen without a state-issued hunting license.

The court also questioned the reliability of the student's statement to a school principal, considering it hearsay in light of prior denials and the student's disciplinary history. It acknowledged two possible reasons for the confession: either the student was truthful or was lying to satisfy interrogation or protect another child.

The case was set for a hearing on a Final Extreme Risk Protection Order scheduled for June 23, 2026.

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