ERPO Laws by State
An Extreme Risk Protection Order (ERPO), also known as a Red Flag order, is a civil court order that temporarily prohibits individuals who pose a danger to themselves or others from purchasing and possessing firearms. Currently, 21 states and the District of Columbia have enacted ERPO laws. ERPOs may go by another name depending on the state, but still function the same.
In this section, learn about each state with an ERPO law, who may file in those states, and what types of orders are available. For a more detailed outline, click here.
| State | Name of ERPO | Petitioners | Types and Lengths of ERPOs |
|---|---|---|---|
| California | Gun Violence Restraining Order | Law Enforcement Family or Household Member Employer or Co-Worker Employee or Teacher at Secondary and Post-Secondary Schools | Temporary Emergency: max 21 days Ex Parte: max 21 days Final: 1 to 5 years |
| Colorado | Extreme Risk Protection Order | Law Enforcement Family or Household Member Healthcare Professional Educator | Temporary Emergency: max 14 days Final: 364 days |
| Connecticut | Risk Protection Order | Law Enforcement Family or Household Member Healthcare Professional State’s Attorney | Warrant: max 14 days Final: until terminated |
| Delaware | Lethal Violence Protective Order | Law Enforcement Family or Household Member | Emergency: max 15 days Final: max 1 year |
| District of Columbia | Extreme Risk Protection Order | Law Enforcement Family or Household Member Mental Health Professional | Ex Parte: max 14 days Final: max 1 year |
| Florida | Risk Protection Order | Law Enforcement | Temporary Ex Parte: max 14 days Final: max 1 year |
| Hawaii | Gun Violence Protective Order | Law Enforcement Family or Household Member Healthcare Professional Educator Co-Worker | Ex Parte: max 14 days Final: max 1 year |
| Illinois | Firearms Restraining Order | Law Enforcement Family or Household Member | Ex Parte: max 14 days Final: 6 months to 1 year |
| Indiana | Seizure and Retention of a Firearm (Risk-Warrant) | Law Enforcement | Warrant: max 14 days Warrantless: min 180 days |
| Maryland | Extreme Risk Protective Order | Law Enforcement Family or Household Member Healthcare Professional | Interim: max 2 days Ex Parte: max 7 days Final: max 1 year |
| Massachusetts | Extreme Risk Protection Order | Law Enforcement Family or Household Member Healthcare Professional University or College Administrator Principal or Assistant Principal at Elementary or Secondary School Firearm Owners Identification Card Licensing Authority | Emergency: max 10 days Final: max 1 year |
| Michigan | Extreme Risk Protection Order | Law Enforcement Family or Household Member Healthcare Professional Mental Health Professional | Immed. Emergency Ex Parte: 14 days Ex Parte: max 1 year, unless a hearing is requested within 7 days of issuance Final: max 1 year |
| Minnesota | Extreme Risk Protection Order | Law Enforcement Family or Household Member City or County Attorney | Ex Parte: 14 days Final: 6 months to 1 year |
| Nevada | Order for Protection Against High-Risk Behavior | Law Enforcement Family or Household Member | Ex Parte: max 7 days Final: max 1 year |
| New Jersey | Extreme Risk Protective Order | Law Enforcement Family or Household Member | Temporary: max 10 days after filing Final: 1 year |
| New Mexico | Extreme Risk Firearm Protective Order | Law Enforcement | Temporary: max 10 days Final: max 1 year |
| New York | Extreme Risk Protection Order | Law Enforcement Family or Household Member School Administrator Healthcare Professional District Attorney | Temporary: max 6 days Final: max 1 year |
| Oregon | Extreme Risk Protection Order | Law Enforcement Family or Household Member | Final: 1 year |
| Rhode Island | Extreme Risk Protection Order | Law Enforcement | Temporary: max 14 days Final: 1 year |
| U.S. Virgin Islands | Extreme Risk Protection Order | Law Enforcement Family or Household Member Healthcare Professional Educator Co-Worker | Temporary: max 14 days Final: max 1 year |
| Vermont | Extreme Risk Protection Order | State’s Attorney Family or Household Member Office of the Attorney General | Ex Parte: 14 days Final: max 6 months |
| Virginia | Substantial Risk Order | Law Enforcement Household Member Attorney for the Commonwealth | Emergency: max 14 days Final: max 180 days |
| Washington | Extreme Risk Protection Order | Law Enforcement Family or Household Member | Ex Parte: max 14 days Final: 1 year |
If you are in immediate danger, please call 911.
If you are experiencing a crisis, please text or call 988.
The content of this website is not legal advice and is only intended for general informational purposes. If you need legal advice, please contact an attorney.