Extreme Risk Protection Orders, or ERPOs for short, empower families and law enforcement to petition to temporarily restrict access to firearms for individuals at an elevated risk of harming themselves or others.
These laws are also a type of red flag law, which is a broader term for any law aimed at temporarily removing access to guns. Other versions of a red flag law include firearm restraining orders and gun violence restraining orders. Currently, 21 states and D.C. have some version of an ERPO.
ERPOs are a civil court order that an individual or a law enforcement agency can petition for before a judge. If the judge agrees that the person is a danger to themselves or others, law enforcement will then temporarily remove their firearms and prevent them from purchasing new ones during the course of the order.
There are usually two types of ERPOs, according to the Johns Hopkins Center for Gun Violence Solutions. The first is an ex-parte, meaning temporary, ERPO that is made available quickly and usually lasts only one to two weeks. A final ERPO typically lasts up to a year and may only be issued after a hearing notice is issued and the respondent has a chance to appear and be heard by the judge.
Mental health diagnosis alone should not be a reason to grant an ERPO, according to Hopkins. Courts should consider whether the risk of violence is imminent. The evidence a judge can consider does vary state to state. But it’s generally limited to: recent acts or threats of violence toward self or others; a history of threatening or dangerous behavior, a history or current risk use of alcohol and/or drugs; a recent violation of a domestic violence protective order; unlawful or reckless use of a firearm; or cruelty to animals.