Understand Extreme Risk Protection Orders (ERPOs) - laws that allow temporary removal of firearms from individuals deemed dangerous. Learn how these laws work and your rights.
Understanding Extreme Risk Protection Orders
Red Flag Laws, formally known as Extreme Risk Protection Orders (ERPOs), are civil court orders that temporarily prohibit a person from purchasing or possessing firearms when they are deemed to be a danger to themselves or others.
These laws are designed to provide a legal mechanism for family members, law enforcement, or others to petition a court to temporarily remove firearms from individuals showing warning signs of violence.
Emergency orders typically last 14-30 days while full hearings are scheduled
Family members, household members, or law enforcement can file petitions
A judge must review evidence and make the determination to grant an order
Subject can petition for return of firearms after order expires
Courts typically consider evidence of behaviors that suggest risk, including:
Recent acquisition of firearms or ammunition
Threatening statements about harming self or others
Recent breakup, divorce, or loss of relationship
History of domestic violence or abuse
Substance abuse or mental health concerns
Prior threats or violent incidents
ERPOs are civil proceedings, not criminal charges. This means:
The process from petition to resolution
A petition is filed with the court by an eligible petitioner (family member, household member, or law enforcement officer). The petition must include facts showing that the subject poses a significant danger.
Based on the initial petition, a judge may issue an emergency ex parte order, effective immediately. This temporarily prohibits the subject from purchasing or possessing firearms.
A full hearing is scheduled where both sides can present evidence and testimony. The subject has the right to be heard and challenge the petition.
The judge decides whether to grant a longer-term order (typically 6-12 months, renewable). If granted, firearms remain prohibited; if denied, any emergency order expires.
When the order expires, the subject may petition for return of firearms. The court will order return unless renewed petitions show continued danger.
Current ERPO legislation across the United States
First state to enact ERPO (1999)
2014 - Expanded in 2016
2005
2016
2017
2018 - After Parkland
2018
2018
2019 - Firearm Restraining Order Act
2019
2019
2019
2019
2018
2020
2020
2019
2020
2018
2023
2016
These states have not enacted Extreme Risk Protection Order legislation. However, other legal mechanisms may exist for temporarily removing firearms from dangerous individuals.
Note: This information is subject to change as states update their legislation. Always verify current laws in your state.
Understanding due process protections
Despite being civil proceedings, ERPO laws include important due process protections to ensure fairness to the subject:
You must be notified of any petitions filed against you and given opportunity to respond
You have the right to appear at the full hearing and present your case
You may hire an attorney to represent you at the hearing
You can appeal unfavorable decisions to a higher court
When an ERPO expires, you have the right to petition for return of your firearms. However, there are important steps:
If you are subject to an ERPO or need to file a petition, consider consulting:
Common questions about red flag laws
No, Extreme Risk Protection Orders are civil proceedings, not criminal charges. This means the subject does not receive a criminal record from the order itself. However, violating an ERPO is a criminal matter.
Petition eligibility varies by state but typically includes family members, household members, law enforcement officers, and in some states, coworkers, educators, or mental health professionals. Random individuals generally cannot file petitions.
Emergency ex parte orders typically last 14-30 days while a full hearing is scheduled. After the hearing, longer-term orders (usually 6-12 months) may be issued. Orders can often be renewed if circumstances warrant.
Yes, when the order expires, you may petition for return of your firearms. However, you must pass a background check, and the court will consider whether you still pose a risk. Consult an attorney to help with the return process.
Filing a false petition is typically a criminal offense (often perjury). If you can prove the petition was filed maliciously and without basis, you may have grounds to challenge it. Consult an attorney if you believe a petition was filed in bad faith.
The goal is typically to prevent firearm acquisition or access. If someone doesn't already own firearms, an order may prohibit future purchases. Some states also prohibit possession of other weapons or impose other restrictions beyond firearms.
ERPO laws vary by state and change frequently. Subscribe to receive updates about legislative changes.