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
Gun Violence Restraining Order (GVRO). Petitioners: family/household members, law enforcement, employers, coworkers, school employees. Duration: up to 1 year with renewal.
Extreme Risk Protection Order. Petitioners: family/household members, law enforcement. Duration: up to 364 days with renewal.
Risk Warrant. The first state to adopt a red flag law. Petitioners: state's attorney or law enforcement. Duration: up to 1 year.
Lethal Violence Protection Order. Petitioners: family members, law enforcement. Duration: up to 1 year with renewal.
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.
Gun Violence Protective Order. Petitioners: family/household members, law enforcement, medical professionals, educators. Duration: up to 1 year.
Firearms Restraining Order. Petitioners: family members, law enforcement. Duration: up to 6 months with renewal.
Dangerous Person Seizure. Law enforcement may seize firearms from individuals deemed dangerous. Court hearing required within 14 days.
Extreme Risk Protective Order. Petitioners: family/household members, law enforcement, medical professionals, certain others. Duration: up to 1 year with renewal.
Extreme Risk Protection Order. Petitioners: family/household members, law enforcement. Duration: up to 1 year with renewal.
Extreme Risk Protection Order. Petitioners: family/household members, law enforcement, medical professionals. Duration: up to 1 year.
Extreme Risk Protection Order. Petitioners: family/household members, law enforcement. Duration: up to 1 year with renewal.
High-Risk Protection Order. Petitioners: family/household members, law enforcement. Duration: up to 1 year with renewal.
Extreme Risk Protective Order. Petitioners: family/household members, law enforcement. Duration: up to 1 year with renewal.
Extreme Risk Firearm Protection Order. Petitioners: law enforcement only. Duration: up to 1 year.
Extreme Risk Protection Order. Petitioners: family/household members, law enforcement, school administrators, medical professionals. Duration: up to 1 year with renewal.
Extreme Risk Protection Order. Petitioners: family/household members, law enforcement. Duration: up to 1 year with renewal.
Extreme Risk Protection Order. Petitioners: law enforcement only. Duration: up to 1 year with renewal.
Extreme Risk Protection Order. Petitioners: state's attorney or law enforcement. Duration: up to 6 months with renewal.
Substantial Risk Order. Petitioners: law enforcement, attorney for the Commonwealth. Duration: up to 180 days.
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.