National Extreme Risk Protection Order (ERPO) Resource Center

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A Tool to Save Lives

An Extreme Risk Protection Order (ERPO)1 is a civil court order that temporarily restricts firearm access for an individual who is behaving dangerously or presents a high risk of harm to self or others.

A Resource for Implementers

The Johns Hopkins Center for Gun Violence Solutions, in collaboration with the U.S. Department of Justice, Bureau of Justice Assistance (BJA), established the National ERPO Resource Center (ERC) in 2023.

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1 ERPOs are also referred to as red flag laws, among other names. For example, Delaware’s ERPO law is called a Lethal Violence Protection Order and California’s ERPO law is called a Gun Violence Restraining Order.

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What are Extreme Risk Protection Orders?

As of March 2024, 21 states and the District of Columbia have enacted ERPO laws. Though the names of these laws and the laws themselves vary by state, the process is similar for most petitioners. In all states, ERPOs are civil, not criminal, court orders. However, violation of an ERPO law may be a criminal offense depending on state law.

ERPOs temporarily prohibit a person from possessing or purchasing firearms and provide a process for the removal of firearms already in the person’s possession. The possession of a firearm is not required for an individual to be an ERPO respondent. An ERPO also temporarily prevents someone who is behaving dangerously or at risk of committing violence from purchasing and possessing firearms.

ERPO laws are based on domestic violence protection order laws, which have been in place in all 50 states for decades and are a well-established tool for protecting people experiencing intimate partner violence.

Even in states where ERPO is law, implementation varies within states and across states, signaling the need for close attention to implementation.

Several jurisdictions have established specialized ERPO teams to handle ERPO petitions, service, firearm dispossession, and the return of firearms.

California More info here
  • Gun Violence Restraining Order
  • Effective date: January 1, 2016
Last updated 02/15/2024
Colorado More info here
  • Extreme Risk Protection Order
  • Effective date: April 12, 2019
Last updated 02/15/2024
Connecticut More info here
  • Risk Protection Order
  • Effective date: October 1, 1999
Last updated 02/15/2024
Delaware More info here
  • Lethal Violence Protective Order
  • Effective date: December 27, 2018
Last updated 02/15/2024
District of Columbia (DC) More info here
  • Extreme Risk Protection Order
  • Effective date: January 30, 2019
Last updated 02/15/2024
Florida More info here
  • Risk Protection Order
  • Effective date: March 9, 2018
Last updated 02/15/2024
Hawaii More info here
  • Gun Violence Protective Order
  • Effective date: January 1, 2020
Last updated 02/15/2024
Illinois More info here
  • Firearms Restraining Order
  • Effective date: January 1, 2019
Last updated 02/15/2024
Indiana More info here
  • Risk Warrant/Jake Laird Law
  • Effective date: July 1, 2005
Last updated 02/15/2024
Maryland More info here
  • Extreme Risk Protection Order
  • Effective date: October 1, 2018
Last updated 02/15/2024
Massachusetts More info here
  • Extreme Risk Protection Order
  • Effective date: August 17, 2018
Last updated 11/07/2024
Michigan New ERPO Laws! Click to review
  • Extreme Risk Protection Order
  • Effective date: February 13, 2024
Last updated 02/15/2024
Minnesota New ERPO Laws! Click to review
  • Extreme Risk Protection Order
  • Effective date: January 1, 2024
Last updated 02/15/2024
Nevada More info here
  • Order for Protection Against High-Risk Behavior
  • Effective date: January 1, 2020
Last updated 02/15/2024
New Jersey More info here
  • Extreme Risk Protective Order (ERPO)
  • Effective date: September 1, 2019
Last updated 02/15/2024
New Mexico More info here
  • Extreme Risk Firearm Protection Order
  • Effective date: May 20, 2020
Last updated 02/15/2024
New York More info here
  • Extreme Risk Protection Order
  • Effective date: August 24, 2019
Last updated 02/15/2024
Oregon More info here
  • Extreme Risk Protection Order
  • Effective date: January 1, 2018
Last updated 02/15/2024
Rhode Island More info here
  • Extreme Risk Protection Order
  • Effective date: June 1, 2018
Last updated 02/15/2024
Vermont More info here
  • Extreme Risk Protection Order
  • Effective date: April 11, 2018
Last updated 02/15/2024
Virginia More info here
  • Substantial Risk Order
  • Effective date: July 1, 2020
Last updated 02/15/2024
Washington More info here
  • Extreme Risk Protection Order
  • Effective date: December 8, 2016
Last updated 02/15/2024
does not have an ERPO law.

ERPO Implementers

  1. Illustration of a law enforcement badge Law Enforcement In every state with an ERPO law, law enforcement may petition the court to issue an ERPO to temporarily restrict an individual’s access to firearms when they are behaving dangerously or when they are at an elevated risk of harm to self or others. In most states, law enforcement are also responsible for serving the ERPO petition and removing the firearms from ERPO respondents’ possession.
  2. Illustration of a gavel Judicial Officers Judges, magistrates, commissioners, and other judicial officers weigh the evidence and determine whether to grant or deny the petition for an ERPO.
  3. Illustration of two hands shaking Family and Household Members In 16 states, family and household members are eligible to petition for ERPOs when they are concerned about their family or household members accessing firearms. In all states, family members can play a critical role in ensuring the safety of individuals whose access to firearms may pose a threat to themselves or others.
  4. Illustration of a stethoscope Clinicians The definition of clinician varies somewhat by state statutes, but typically includes physicians, licensed clinical social workers, and credentialed therapists. In some states, clinicians may petition for an ERPO for a patient that is behaving dangerously or at an elevated risk of harm to self or others. In other states, clinicians can work with law enforcement to initiate an ERPO.
  5. Illustration of a briefcase Attorneys Attorneys present the evidence to the court, often on behalf of law enforcement petitioners. Respondents also have the right to counsel, at no cost to the government.
  6. Illustration of a clipboard and pen Social Service Providers Social service providers, including social workers, advocates, and individuals working at community response organizations, play an important role in helping respondents and their families navigate the system, connect to other resources, such as domestic violence or mental health programs and services, and, in some states, even file for an ERPO.

ERPO Process

  • #1

    The petitioner files a temporary ERPO petition under penalty of perjury. (Many ERPO laws also prescribe criminal penalties for presenting false information to the court.)
  • #2

    A judicial officer approves or rejects the ERPO petition.
  • #3

    If the court issues the order, law enforcement serves the order and related information on the respondent. Ideally, firearms are removed or surrendered at that time, and the ERPO is entered by the law enforcement agency into the background check system to prohibit gun purchases for the duration of the order.
  • #4

    An ERPO hearing is held; the respondent and petitioner both attend the hearing, and both may testify and present evidence. The respondent is afforded the right to counsel at these hearings (at their own expense). Upon hearing from the parties and reviewing the evidence, a judge or judicial officer determines whether the legal burden of proof has been met and if there is sufficient evidence to issue an ERPO.
  • #5

    The court issues the ERPO for up to one year (timeline varies by state) or does not grant the petition. If the court issues the order, the respondent is advised of the requirements of complying with the order. To make sure the prohibitions are understood, the court provides the respondent with information about how the renewal process works, and how to request return of firearms when the ERPO has concluded.
  • #6

    At the termination or expiration of the order, if a renewal has not been requested, and if the respondent is not otherwise prohibited, the firearms are returned (process varies by state) and the background check system is updated.

Due Process Protections

The Bipartisan Safer Communities Act requires that ERPO programs funded through the Byrne SCIP program include the following due process rights:

  • Notice;
  • An in-person hearing;
  • An unbiased adjudicator;
  • Know opposing evidence;
  • Present evidence;
  • Confront adverse witnesses;
  • Be represented by counsel at no expense to the government;
  • Heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly situated litigant;
  • Penalties for abuse of the program.

The ERC closely monitors ERPO cases and rulings on ERPO and due process to ensure that it is aware of any changes in the law that may impact ERPO implementation.

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ERPO Events

Oct
7
Featured Event

Webinar: Navigating Domestic Violence Protection Orders & Extreme Risk Protection Orders

Oct
7
  • Date: 10/7/2024 (past event)
  • Time: 1:00 pm EST
  • Location: Zoom

In partnership with the Battered Women’s Justice Project , this webinar will explore some of the critical tools available to protect survivors of domestic violence. Practical considerations will be provided to help survivors navigate the decision-making process regarding whether to pursue a DVPO or an ERPO, ensuring that they are equipped with all the tools available to make the safest decision for their situation.

Register for the virtual event here

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