New Everytown Analysis Found 59% Increase in Extreme Risk Protection Law Usage in 2023 

Extreme Risk Laws are Shown to Prevent Deadly Tragedies, Including Mass Shootings, Deaths by Firearm Suicide

NEW YORK – Everytown for Gun Safety Support Fund today released new data that found the use of Extreme Risk Protection Orders (ERPOs) increased by 59 percent across states with ERPO laws in 2023, compared to the year prior. When someone is at risk of harming themself or others, family members are often the first to notice the warning signs. ERPOs, also known as “Red Flag” laws, enable loved ones or law enforcement to petition a civil court to temporarily restrict access to firearms for individuals in crisis, allowing them to de-escalate without going through the criminal court system. 

Following the shooting at Marjory Stoneman Douglas High School in Parkland, Florida, then-Governor Rick Scott and a Republican dominated legislature enacted a Red Flag law. Since then, lawmakers across the country have followed suit, with 16 other states and Washington, D.C., passing Extreme Risk laws, bringing the total number of states with these laws to 21. As of 2024, just over half the United States population lives in a state with an Extreme Risk law. 

“Red Flag laws help prevent tragedy before it strikes, and it’s for good reason that red and blue states alike have taken the mantle on this vitally important tool when it comes to preventing gun violence,” said Sarah Burd-Sharps, senior director of research at Everytown for Gun Safety. “There is no good reason not to give families and law enforcement the tools needed to keep our communities safe.”

Key findings from today’s analysis include:

• ERPO use increased by 59% in 2023 across all ERPO states compared to 2022. This included increases in 17 states and D.C. and marginal decreases in two states.
  • States with increases in petitions from 2022 to 2023 are California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Indiana, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia. Only two states had marginal decreases: Maryland and Massachusetts.
• Nearly six in ten, or 59%, of counties in states with an ERPO law in 2023 had at least one petition filed. 
• Connecticut and New York had two of the largest increases in ERPO petitions from 2022 to 2023. Both states have made significant changes to their ERPO laws and have taken steps to improve implementation of their law. 
• Between 1999 and 2023, at least 49,091 Extreme Risk petitions were filed. The majority of these petitions – 96% – have been filed since the Parkland shooting.

Under current federal law, a person is only prohibited from having guns if they fall into one of several categories, including those convicted of certain crimes, adjudicated as mentally ill or involuntarily committed to a psychiatric hospital, or who are subject to a final domestic violence restraining order. A person who displays warning signs of suicide or other acts of violence, but who is not prohibited under current law, would still be legally able to buy and possess guns. Extreme Risk laws help to fill this gap, protecting public safety and allowing people in crisis the chance to seek the help they need.

ERPOs are designed for severe crises and a small number of individuals who may not respond to other interventions. The goal isn’t quantity – it’s using this option effectively in the right circumstances. Though Extreme Risk laws have been proven effective in reducing rates of gun suicide and have prevented countless acts of gun violence across the country, these laws are most effective when they are thoughtfully drafted and implemented, and when there is widespread awareness of their existence.

While ERPO usage has increased significantly, wide variations persist between and within states, suggesting a need for ongoing and robust implementation of these laws, including training for key stakeholders and public education. In 2022, Everytown Support Fund partnered with the Johns Hopkins Center for Gun Violence Solutions to create a comprehensive guide for successful implementation of ERPO laws that provides detailed guidance for state and local leaders. Everytown also launched the Everytown Implementation Center to help states and localities develop comprehensive plans to ensure effective implementation of gun safety laws like ERPO.

Everytown researchers recently interviewed six “ERPO champions” from every region of the country, in both large cities and rural areas. Included are several law enforcement officers, an Assistant Attorney General, and a District Attorney’s Office Victim’s Assistance Manager, among others. Each conversation provides insights into the process followed in their jurisdictions, the stakeholders involved, the types of use cases, the challenges faced, and the lessons learned that others can apply to their own communities. The interviews can be found here.