Extreme Risk Protection Order Laws

In many instances of gun violence, there are clear warning signs that the shooter posed a serious threat before the shooting. Extreme Risk laws (also called Extreme Risk Protection Order or Red Flag laws) give key community members a way to intervene before warning signs become tragedies. These laws allow family members, law enforcement, and other designated parties to petition a court for an order to temporarily remove guns from dangerous situations. If a court finds that a person poses a serious risk of harm to self or others with a firearm, that person can be temporarily prohibited from having guns.

Effective implementation of extreme risk laws requires substantial coordination among a wide variety of stakeholders at the state and local level, development of shared protocol to ensure fair and efficient operation of the judicial process, and targeted training, outreach, and public education.

Strengthening ERPO Implementation Nationwide

ERPOs are a critical tool for preventing gun violence, but their impact depends on effective implementation. In 2024, Everytown Support Fund conducted a series of conversations with Extreme Risk Protection Order (ERPO) experts from across the country. These case studies can serve as inspiration and a practical guide to improve ERPO implementation nationwide and highlight several practical steps that jurisdictions can take to improve their use of ERPOs. These include:

• Enhancing training and public awareness to ensure law enforcement, judges, and community members understand how and when to use ERPOs.
• Strengthening cross-sector collaboration between law enforcement, mental health professionals, and victim advocates.
• Integrating ERPOs into broader crisis intervention efforts to provide long-term support to individuals in crisis.
• Ensuring judicial engagement and due process protections so that ERPOs are applied consistently and fairly.

As more states consider adopting Extreme Risk laws and existing ERPO states look to strengthen implementation, these case studies offer a roadmap for success. By learning from jurisdictions that have pioneered best practices, policymakers and practitioners can maximize the lifesaving potential of this important tool.