Firearm Safety & Extreme Risk Protection Orders
Firearm Safety & Extreme Risk Protection Orders
Part of a Series on Firearms Injury Prevention
Reading time: 3-4 mins
What are Extreme Risk Protection Orders?
ERPOs allow families, household members, certain key community members, or law enforcement officers (depending on the jurisdiction) to petition a court directly for an extreme risk protection order (ERPO), which temporarily restricts a person’s access to guns if they are found to present a significant risk of harming themselves or others. (Giffords Law Center)
DOJ 2021 commentary offers two models of this legislation:
“warrant” statutes - authorize courts to issue orders permitting law enforcement to search for and seize the firearms of dangerous individuals
“order” statutes - authorize courts to issue temporary orders prohibiting dangerous individuals from possessing or acquiring firearms.
How do ERPOs work?
Under current federal law, a person is barred from having guns only if they fall into one of several categories of prohibited persons. A person with suicidal or homicidal thoughts, who is not otherwise prohibited under federal law, would be able to buy and possess guns.
ERPOs allow law enforcement officers or agencies to apply for a restriction on the purchasing or possessing of firearms based on strict criteria and imminent threat to the community or themselves. If approved by a judicial court, ERPO can temporarily prohibit the subject/person to be in possession of guns.
Are they effective?
Kivisto et al, 2018 provided a comparison of pre and post-intervention periods in Indiana and Connecticut. The intervention was their respective ERPO laws.
In Indiana, a 7.5% reduction was noted in firearm suicides in the ten years following the enactment of their law. This was statistically significant.
In Connecticut, a 1.6% reduction in firearm suicides immediately after the law’s passage and a 13.7% reduction in firearm suicides when enforcement of the law increased.
Where are they active?
Nineteen states and the District of Columbia currently have ERPO laws
Who can request an ERPO?
(Source: Giffords Law Center)
DOJ 2021 commentary offers insight into how ERPOs work.
Several states currently permit only law enforcement officers or agencies to apply for an ERPO, while others also include immediate family and household members as eligible petitioners. Some states further authorize petitions by dating or intimate partners (e.g., Colorado,[i] Maryland[ii]), certain employers or coworkers (California,[iii] Hawaii[iv]), certain health care providers (e.g., District of Columbia[v], Maryland[vi]), or school or school system officials (e.g., Hawaii,[vii] New York[viii]). This model bill includes a number of these eligible petitioners.
Jurisdictions that Allow Family or Household Members to Petition
Jurisdictions with an * do not allow dating partners to petition if they do not reside, or have not resided, with a respondent.
California
Colorado
Connecticut (Only law enforcement and state officials can petition for an order; however, family and household members may petition for an investigation by law enforcement that can result in law enforcement petitioning for an order)
Delaware (Only law enforcement can petition for ex parte orders)
District of Columbia
Hawaii
Illinois
Maryland
Massachusetts
Nevada
New Jersey
New York (Family and household members may petition but law enforcement officers are required to file when they obtain credible information that an individual is likely to engage in conduct that would result in serious harm to himself, herself or others unless the officer determines that there is no probable cause for such filing.)
Oregon
Washington
Jurisdictions that Allow Individuals Other than Family, Cohabitants, and Law Enforcement to Petition
California (Employers, coworkers, dating partners, people who have child in common, and certain school personnel)
Connecticut (Medical professionals may not directly petition a court for an order, but may petition for an investigation by law enforcement)
District of Columbia (Mental health professionals)
Hawaii (Medical professionals, educators, and coworkers)
Maryland (Certain categories of mental and other health workers)
New York (School administrators and certain categories of health care workers)
States that Only Allow Law Enforcement Officers or Other State Officials to Petition
Florida
New Mexico
Rhode Island
Vermont
Virginia
What are the latest policy updates on ERPOs?
The Bipartisan Safer Communities Act passed into law in 2022 has earmarked funding for state ERPOs - $750 million over five years to support crisis intervention services, including the implementation of state Red Flag laws. Also, expands the ability to restrict persons, found to be guilty of domestic abuse (spouses or dating partners), from buying or possessing guns.
Final Thoughts
ERPOs are not perfect. They are simply a tool in our toolkit - with risks, benefits, and important considerations. It is common to find my mind wondering
What if that mom was able to alert the authorities on her son’s mental state?
What if an officer had stopped the shooter from entering Sandy Hook?
What if the students from Columbine could have been saved by an early alert system?
What if that best friend could report her friend’s fragile mental state and suicidal thoughts?
What if…what if…what if?
There is an option to ensure these what-ifs become less common. An option to ensure that our loved ones are safe - even if it is from themselves and their suicidal thoughts.
We can’t help everyone, but everyone can help someone.
– Ronald Reagan