By providing a legal framework to remove firearms and reduce access to new firearms among high-risk individuals, ERPOs may decrease the overall rates of gun-involved crimes, homicides, mass shootings, and suicides. If a respondent does not return firearms in his or her possession once the order is served, the court may issue a warrant to authorize law enforcement officials to retrieve the weapons.ĮRPO laws are designed to respond to acute periods of elevated risk of violence by authorizing a temporary ban on new firearm purchases and the temporary removal of firearms currently in an individual's possession. In addition, a petitioner must typically include what he or she knows about the firearms and ammunition that the respondent possesses. Evidence might include threats of violence by the respondent toward him or herself or another person in the past six months, a violation of a domestic violence restraining order, recent acquisition of a significant number of firearms, or the use of threats of physical force against another person or animals. State laws also vary in the types of evidence sufficient to demonstrate that the respondent is at an elevated risk for committing violence. As with ex parte domestic violence procedures, those who oppose these laws cite concerns that, whether by error or by malfeasance, they will be misused or incorrectly applied to gun owners who are not dangerous if those individuals are not present during a hearing to assess the danger they pose (Kopel, 2019). Like ex parte orders related to domestic violence (see our analysis of prohibitions associated with domestic violence), these laws are designed for situations in which the waiting period for a full court appearance could undermine the effectiveness of the order. Some state laws also offer ex parte ERPOs, a type of protection order that allows eligible individuals to petition for an ERPO in emergency cases without waiting to provide notice of a hearing to the respondent. If implemented, the duration of the order ranges from six to 12 months, but the person named in the ERPO is typically given the opportunity to request a hearing to terminate the order during the effective period. Typically, states with ERPO laws allow law enforcement officials or state's attorneys to request an ERPO for an individual, although some states also permit family members and medical professionals to petition for an ERPO. Currently, state lawmakers have adopted a wide range of legislation that varies in terms of who can petition for a protection order, how long the order lasts, and the evidence required to demonstrate the need for an order. Department of Justice had previously published model ERPO legislation (U.S. How Extreme Risk Protection Orders Affect Gun Use OutcomesĪlthough there are no federal ERPO laws, the 2022 Bipartisan Safer Communities Act set aside $750 million to support state and local implementation of ERPOs the U.S. They also differ from laws that require the removal of firearms from prohibited possessors (see our analysis of surrender of firearms by prohibited possessors) because ERPOs can be served to anyone if the court determines that the person is at high risk for firearm violence, regardless of whether he or she has committed a crime, has been diagnosed with a significant mental disorder, or has otherwise been disqualified from possessing firearms. ERPO laws differ from prohibited purchaser regulations that prevent specific groups of individuals-such as those with a criminal record, those with a history of domestic abuse, or those who have been dishonorably discharged from the military-from owning, purchasing, or possessing firearms. With ERPO laws in place, law enforcement, family members, or medical professionals can petition a court to temporarily restrict a person's access to firearms if they believe that person is at risk of hurting him or herself or others. Extreme risk protection order (ERPO) laws, sometimes known as gun violence restraining order or "red-flag" laws, are risk-based, temporary, and preemptive protective orders that authorize the removal of firearms from individuals determined to be at risk for committing gun violence against others or themselves.
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