Rhode Island

Rhode Island’s Extreme Risk Protection Order (ERPO) law was signed by Governor Gina M. Raimondo on June 1, 2018. The law went into effect on the same day it was signed. Under Rhode Island law, an ERPO temporarily prohibits the respondent from having possession, custody, or control of firearms or from purchasing or receiving firearms.¹ Law enforcement agencies may petition the court for an ERPO if the respondent poses a significant danger of causing imminent personal injury to self (including suicide) or others by having access to firearms.²

A petition for an ERPO is filed in Superior Court concurrently with an affidavit for a search warrant for the respondent’s firearms. Upon filing, the court may issue a temporary ERPO if the petition details that the respondent poses an imminent danger to self or others by having access to firearms.³ A court hearing is scheduled within 14 days of the issuance of a temporary ERPO to determine if a one-year ERPO should be issued.⁴ At the hearing, if the court finds by clear and convincing evidence that the respondent poses a significant danger of causing imminent personal injury to self or others by having or receiving a firearm, the court shall issue a one-year ERPO.⁵ An ERPO may be terminated early or renewed pursuant to the law.

Rhode Island’s ERPO law includes ex parte ERPOs issued by a judicial officer; 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 relevant and credible evidence (e.g. the enumerated factors the judicial officer must consider) to issue an ERPO.⁶