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Know the Law

Red Flag Laws by State

Red flag laws — formally known as Extreme Risk Protection Orders (ERPOs) — allow courts to temporarily remove firearms from individuals determined to pose a danger to themselves or others. Currently 21 states and Washington, D.C. have enacted some form of red flag law.

How ERPOs Work

The general process follows a consistent pattern across states, though specific details vary:

Petition filed

An eligible petitioner (varies by state — typically family members, law enforcement, or in some states medical professionals and educators) files a petition with the court describing why the individual poses an extreme risk.

Temporary order

A judge may issue an ex parte (without the respondent present) temporary order, typically lasting 7–21 days, if there is probable cause to believe the individual poses an immediate danger. Firearms are surrendered or seized.

Full hearing

A hearing is held where the respondent can present evidence and argue against the order. The petitioner must demonstrate by a preponderance of evidence (or clear and convincing evidence, depending on the state) that the respondent poses a significant risk.

Final order

If granted, a final ERPO typically lasts 6 months to 1 year. The respondent is prohibited from possessing or purchasing firearms for the duration. Most states allow renewal petitions before expiration.

Termination

The respondent may petition the court to terminate the order early by demonstrating they no longer pose a risk. When the order expires or is terminated, firearms are returned.

Due process protections

Red flag laws have been subject to legal challenges on due process grounds, particularly regarding ex parte temporary orders issued before the respondent has an opportunity to be heard. Courts have generally upheld these laws, finding that the temporary nature and subsequent hearing requirements provide sufficient procedural protections. The legal landscape continues to evolve.

States with Red Flag Laws

CaliforniaSince 2014

Gun Violence Restraining Order (GVRO). Petitioners: family/household members, law enforcement, employers, coworkers, school employees. Duration: up to 1 year with renewal.

ColoradoSince 2020

Extreme Risk Protection Order. Petitioners: family/household members, law enforcement. Duration: up to 364 days with renewal.

ConnecticutSince 1999

Risk Warrant. The first state to adopt a red flag law. Petitioners: state's attorney or law enforcement. Duration: up to 1 year.

DelawareSince 2018

Lethal Violence Protection Order. Petitioners: family members, law enforcement. Duration: up to 1 year with renewal.

FloridaSince 2018

Risk Protection Order. Enacted after the Parkland shooting under the Marjory Stoneman Douglas Act. Petitioners: law enforcement only. Duration: up to 1 year with renewal.

HawaiiSince 2020

Gun Violence Protective Order. Petitioners: family/household members, law enforcement, medical professionals, educators. Duration: up to 1 year.

IllinoisSince 2019

Firearms Restraining Order. Petitioners: family members, law enforcement. Duration: up to 6 months with renewal.

IndianaSince 2005

Dangerous Person Seizure. Law enforcement may seize firearms from individuals deemed dangerous. Court hearing required within 14 days.

MarylandSince 2018

Extreme Risk Protective Order. Petitioners: family/household members, law enforcement, medical professionals, certain others. Duration: up to 1 year with renewal.

MassachusettsSince 2018

Extreme Risk Protection Order. Petitioners: family/household members, law enforcement. Duration: up to 1 year with renewal.

MichiganSince 2024

Extreme Risk Protection Order. Petitioners: family/household members, law enforcement, medical professionals. Duration: up to 1 year.

MinnesotaSince 2023

Extreme Risk Protection Order. Petitioners: family/household members, law enforcement. Duration: up to 1 year with renewal.

NevadaSince 2020

High-Risk Protection Order. Petitioners: family/household members, law enforcement. Duration: up to 1 year with renewal.

New JerseySince 2019

Extreme Risk Protective Order. Petitioners: family/household members, law enforcement. Duration: up to 1 year with renewal.

New MexicoSince 2020

Extreme Risk Firearm Protection Order. Petitioners: law enforcement only. Duration: up to 1 year.

New YorkSince 2019

Extreme Risk Protection Order. Petitioners: family/household members, law enforcement, school administrators, medical professionals. Duration: up to 1 year with renewal.

OregonSince 2018

Extreme Risk Protection Order. Petitioners: family/household members, law enforcement. Duration: up to 1 year with renewal.

Rhode IslandSince 2018

Extreme Risk Protection Order. Petitioners: law enforcement only. Duration: up to 1 year with renewal.

VermontSince 2018

Extreme Risk Protection Order. Petitioners: state's attorney or law enforcement. Duration: up to 6 months with renewal.

VirginiaSince 2020

Substantial Risk Order. Petitioners: law enforcement, attorney for the Commonwealth. Duration: up to 180 days.

WashingtonSince 2017

Extreme Risk Protection Order. Petitioners: family/household members, law enforcement. Duration: up to 1 year with renewal.

Federal Red Flag Legislation

The Bipartisan Safer Communities Act, signed into law in June 2022, provides federal funding to incentivize states to implement red flag laws and crisis intervention programs. The law does not create a federal ERPO — it provides grants to states that enact or already have such laws. It also enhanced the background check process for firearm purchasers under 21.

This page is for informational purposes only. Firearms laws change frequently. Always verify current statutes and consult a qualified attorney before making legal decisions.