Maine
Extreme Risk Protection Order
Maine’s Extreme Risk Protection Order (ERPO) Act was passed on November 4, 2025, through a statewide ballot referendum.2, 3 Public support for the ERPO law followed the October 25, 2023, mass shooting in Lewiston, Maine, which resulted in 18 deaths and 13 injuries.4 The law went into effect on February 21, 2026. Maine is the only state with two distinct Extreme Risk Protection Order laws, commonly referred to as the “yellow flag” law (§ 3862-A)15 and the “red flag” law (ERPO Act, §§2241-2252).1 More information on the differences between Maine’s yellow and red flag laws is available here.
Under Maine’s ERPO Act5 law enforcement and certain family or household members of the respondent may petition for an ERPO, including current or former spouses or domestic partners, parents, adult siblings or children, current roommates, or a person who shares a child in common with the respondent.6
There are two types of ERPOs in Maine: emergency7 (ex parte) ERPOs and final ERPOs.8 ERPOs are issued when the court determines that the respondent poses a significant danger of causing physical injury to themselves (respondent) or another person by purchasing, possessing, or receiving a dangerous weapon.9 This includes a firearm, or by having or attempting to have custody or control of a dangerous weapon.8 (“Dangerous weapon” includes firearms as well as other devices, materials or substances that are capable of “producing death or serious bodily injury.”) An emergency ERPO may be issued for up to 14 days if the court finds good cause that the respondent poses an immediate and significant danger to themselves or others and has access to a dangerous weapon.7 Within 24 hours of issuance, law enforcement must serve the order on the respondent.10 Upon service, the respondent must immediately relinquish any dangerous weapon(s). 10
A hearing must occur within 14 days of the emergency order being issued.8 Both the petitioner and respondent must be notified and allowed to address the court, and present evidence and witnesses.8 The respondent has the right to be represented by counsel at the hearing.8 The court also has discretion to appoint counsel for the respondent at the state’s expense. 8
At the hearing for a final ERPO, the petitioner must prove by a preponderance of the evidence that the respondent poses a significant danger by having access to a dangerous weapon.8 If the court finds the petitioner has met this burden, it must issue a final ERPO. 8
A final ERPO prohibits the respondent, for up to one year, from purchasing, possessing, receiving, or attempting to purchase, possess, or receive a dangerous weapon, and from having or attempting to have custody or control of a dangerous weapon.8 The respondent must immediately surrender all dangerous weapons to law enforcement.10 If law enforcement has probable cause to believe the respondent is still in possession of the dangerous weapon(s), the court may issue a search warrant. 11
Law enforcement is responsible for serving emergency and final ERPOs;10 taking custody of dangerous weapons;11 submitting proof of service and firearm removal to the court;11 securely storing surrendered weapons while the ERPO remains in effect;11 and entering the respondent’s information into the required state and federal databases that identify prohibited firearm purchasers.12
A respondent may file one motion to terminate an ERPO while the order is in effect.13 A petitioner may file a motion to continue an ERPO no more than 30 and no less than 14 days from the order’s expiration date. 13
There are no fees associated with Maine’s ERPO. 15
Petitioners must file for an ERPO in the district court in which the respondent lives or where the events that give rise to the petition occurred.14
Summary Citations & Notes:
§§ 2241-2252 Extreme Risk Protection Order Act (Red Flag Law)
§3862-A. Extreme Risk Protection Orders (Yellow Flag Law)
