Massachusetts

In 2018, Massachusetts enacted an Extreme Risk Protection Order (ERPO), a civil order that temporarily prohibits the purchase and possession of firearms and ammunition by a person who poses a risk of causing bodily injury to self or others. Family and household members (including current or former spouses, persons currently or formerly residing in the same household, persons currently or formerly related by blood or marriage, persons with a child in common, persons currently or formerly in a substantive dating or engagement relationship) health care providers that provided health care services to the respondent within the preceding 6 months, principals or assistant principals of elementary schools or secondary schools, or administrators of a college or university where the respondent is enrolled, and the Firearm Owners Identification Card (FID) licensing authority in the respondent’s town may file an ERPO petition.¹

Effective October 2024, Massachusetts adopted updated rules and guidance on the use of ERPO laws by qualifying health care providers. The law clarified that providers may “disclose protected health information of the respondent only to the extent necessary for a full [ERPO] investigation.” Information disclosed should be limited to what is necessary for the ERPO case. Additionally, the law allows the court to issue orders to obtain any clinical records or other documents related to diagnosis, prognosis or treatment of the respondent as necessary to the ERPO investigation. Those records would be sealed by the court. Healthcare providers acting reasonably and in good faith are protected from civil and criminal liability for their decisions to disclose or not to disclose this information.²

During normal business hours, a petition may be filed with the clerk’s office of the District Court or Boston Municipal Court. The court will schedule a hearing date that is within 10 days of the filing of the petition and order law enforcement to serve the respondent with a hearing notice.³ Upon receipt of the ERPO petition, the judge may issue an emergency ERPO that lasts for up to 10 days or until the ERPO hearing. An ERPO issued after a full hearing will remain in effect for up to one year.

An emergency ERPO may be issued if a court finds reasonable cause that the respondent poses a risk of causing bodily injury to themselves or others by being in possession of a license to carry firearms or firearms. An emergency ERPO issued during court hours shall last no more than 10 days after its issuance.⁴ During non-court hours, police may contact an on-call judge on behalf of themselves or another petitioner. An emergency ERPO issued during non-court hours will expire at the end of the next court day, unless the petitioner files an ERPO petition with the court before then.⁵

In Massachusetts, residents must have an FID to legally purchase, possess, and transport most rifles, shotguns, and ammunition and a License to Carry (LTC) if they carry a firearm concealed.⁶ When the court issues a temporary or final ERPO, the respondent must surrender firearms, other weapons, ammunition, and any FID and LTC to law enforcement for the duration of the order. Individuals subject to the ERPO are ineligible for any new license to carry or firearm identification card for the duration of the order.

Massachusetts’ ERPO law includes ex parte ERPOs issued by judicial officers; a hearing where the respondent is provided notice and an opportunity to participate; the respondent’s right to counsel (at no expense to the government); and the requirement of substantial and credible evidence to issue an ERPO.