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.
California
Name of ERPO:
Gun Violence Restraining Order
Petitioners:
Law Enforcement
Family or Household Member
Employer or Co-Worker
Employee or Teacher at Secondary and Post-Secondary Schools
Types and Lengths of ERPOs:
Temporary Emergency: max 21 days
Ex Parte: max 21 days
Final: 1 to 5 years
Colorado
Name of ERPO:
Extreme Risk Protection Order
Petitioners:
Law Enforcement
Family or Household Member
Types and Lengths of ERPOs:
Temporary Emergency: max 14 days
Final: 364 days
Connecticut
Name of ERPO:
Risk Protection Order
Petitioners:
Law Enforcement
State’s Attorney
Types and Lengths of ERPOs:
Warrant: max 14 days
Final: until terminated
Delaware
Name of ERPO:
Lethal Violence Protective Order
Petitioners:
Law Enforcement
Family Member
Types and Lengths of ERPOs:
Emergency: max 15 days
Final: max 1 year
District of Columbia
Name of ERPO:
Extreme Risk Protection Order
Petitioners:
Law Enforcement
Family or Household Member
Mental Health Professional
Types and Lengths of ERPOs:
Ex Parte: max 10 days
Final: max 1 year
Florida
Name of ERPO:
Risk Protection Order
Petitioners:
Law Enforcement
Types and Lengths of ERPOs:
Temporary Ex Parte: max 14 days
Final: max 1 year
Hawaii
Name of ERPO:
Gun Violence Protective Order
Petitioners:
Law Enforcement
Family or Household Member
Healthcare Professional
Educator
Co-Worker
Types and Lengths of ERPOs:
Ex Parte: max 14 days
Final: max 1 year
Illinois
Name of ERPO:
Firearms Restraining Order
Petitioners:
Law Enforcement
Family or Household Member
Types and Lengths of ERPOs:
Ex Parte: max 14 days
Final: max 6 months
Indiana
Name of ERPO:
Seizure and Retention of a Firearm (Risk-Warrant)
Petitioners:
Law Enforcement
Types and Lengths of ERPOs:
Warrant: min 180 days
Warrantless: min 180 days
Maryland
Name of ERPO:
Extreme Risk Protective Order
Petitioners:
Law Enforcement
Family or Household Member
Healthcare Professional
Types and Lengths of ERPOs:
Interim: max 2 days
Ex Parte: max 7 days
Final: max 1 year
Massachusetts
Name of ERPO:
Extreme Risk Protection Order
Petitioners:
Law Enforcement
Family or Household Member
Types and Lengths of ERPOs:
Emergency: max 10 days
Final: max 1 year
Michigan
Name of ERPO:
Extreme Risk Protection Order
Petitioners:
Law Enforcement
Family or Household Member
Healthcare Professional
Mental Health Professional
Types and Lengths of ERPOs:
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
Name of ERPO:
Extreme Risk Protection Order
Petitioners:
Law Enforcement
Family or Household Member
City or County Attorney
Types and Lengths of ERPOs:
Ex Parte: 14 days
Final: 6 months to 1 year
Nevada
Name of ERPO:
Order for Protection Against High-Risk Behavior
Petitioners:
Law Enforcement
Family or Household Member
Types and Lengths of ERPOs:
Ex Parte: max 7 days
Final: max 1 year
New Jersey
Name of ERPO:
Extreme Risk Protective Order
Petitioners:
Law Enforcement
Family or Household Member
Types and Lengths of ERPOs:
Temporary: max 10 days after filing
Final: 1 year
New Mexico
Name of ERPO:
Extreme Risk Firearm Protective Order
Petitioners:
Law Enforcement
Types and Lengths of ERPOs:
Temporary: max 10 days
Final: max 6 months
New York
Name of ERPO:
Extreme Risk Protection Order
Petitioners:
Law Enforcement
Family or Household Member
School Administrator
Healthcare Professional
District Attorney
Types and Lengths of ERPOs:
Temporary: max 6 days
Final: max 1 year
Oregon
Name of ERPO:
Extreme Risk Protection Order
Petitioners:
Law Enforcement
Family or Household Member
Type and Length of ERPOs:
Final: 1 year
Rhode Island
Name of ERPO:
Extreme Risk Protection Order
Petitioners:
Law Enforcement
Types and Lengths of ERPOs:
Temporary: max 14 days
Final: 1 year
Vermont
Name of ERPO:
Extreme Risk Protection Order
Petitioners:
State’s Attorney
Office of the Attorney General
Types and Lengths of ERPOs:
Ex Parte: 14 days
Final: max 6 months
Virginia
Name of ERPO:
Substantial Risk Order
Petitioners:
Law Enforcement
Attorney for the Commonwealth
Types and Lengths of ERPOs:
Emergency: max 14 days
Final: max 180 days
Washington
Name of ERPO:
Extreme Risk Protection Order
Petitioners:
Law Enforcement
Family or Household Member
Types and Lengths of ERPOs:
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.