What is an Extreme Risk Protection Order (ERPO)?

This is also known as the “Red Flag Law” and was signed into law in 2022. With the filing of a petition for an Extreme Risk Protection Order is where the police, or another qualifying person, seeks a court order preventing an individual from purchasing, attempting to purchase, possessing and attempting to possess a firearm. With the filing of a petition, a court has the ability to issue a temporary Extreme Risk Protection Order. Following a court’s decision on a temporary ERPO, a hearing is scheduled and the court makes a determination on a final ERPO. A final ERPO can be issued for a period of one year.

Detail 2 Who can file for an Extreme Risk Protection Order?

The following people can file:

1. Law Enforcement Officers

2. District Attorneys

3. Members of a family or household (including people in a current or former intimate relationship)

4. School administrators

What are the consequences if you lose a hearing?

If you are not successful at a hearing and a final ERPO is granted by the court, your right to purchase or possess firearms can be infringed upon for a period of one year. After that one year period, the final ERPO would expire unless there is a new request for it to be extended. During the final ERPO period, you can make a request one time to have the order reconsidered if you feel that your situation has changed.