Extreme Risk Protection Orders: A Powerful Tool to Prevent Gun Violence

Gun violence has become an epidemic in America. Every year, tens of thousands of people lose their lives to gun-related homicides, suicides, and accidents. Many of these tragedies could have been prevented if family members or law enforcement had the ability to intervene when an individual started exhibiting dangerous warning signs.

That’s where Extreme Risk Protection Orders (ERPOs) come in. ERPOs, also known as “red flag laws,” allow courts to temporarily remove firearms from individuals who pose a danger to themselves or others. This article will provide an overview of ERPOs – how they work, their effectiveness, and the arguments for and against them.

The Process for Obtaining an ERPO

The process for obtaining an ERPO can vary slightly depending on the state, but generally follows similar steps[3]:

• A petition is filed in court, typically by law enforcement or a family member of the respondent. The petitioner must present sworn evidence justifying why the respondent poses a danger if they retain firearm access.
• If the petitioner meets the initial evidentiary threshold, the court issues a temporary ex parte ERPO that goes into effect immediately without the respondent present.
• Law enforcement serves the ERPO and confiscates any firearms the respondent possesses. The respondent is prohibited from purchasing new guns.
• Within a set time frame, such as 14 days, the court holds a hearing where the respondent can appear, present evidence, and respond to the petitioner’s claims.
• If the judge maintains there is sufficient evidence of danger, they will issue a final ERPO that prohibits gun possession/purchase for up to one year.
• The respondent can petition once during the ERPO period to have it terminated if their circumstances change.
• When the ERPO expires after the set time period, the guns are returned to the respondent and their firearm rights are fully restored.

What Types of Behavior Can Warrant an ERPO?

ERPO laws are designed to address individuals exhibiting clear and dangerous warning signs, not just mental health issues. While standards vary by state, reasons an ERPO may be justified include[3]:

• Threats of violence towards oneself or others, especially threats involving firearms.
• Acts of violence like assault, abuse, cruelty against people or animals.
• Dangerous or threatening behavior involving firearms, such as brandishing weapons.
• Violating existing protection orders or no-contact orders.
• Previous involuntary commitment to a psychiatric facility.
• Reckless use of firearms while under the influence of drugs or alcohol.
• Recent acquisition of a firearm or ammunition.

The evidence required often includes sworn affidavits from family members, friends, neighbors, coworkers, teachers, doctors, or law enforcement describing the specific behaviors that establish a clear threat if guns are left in the individual’s possession.