State-by-State

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.