An Extreme Risk Protection Order, or ERPO, is a court order that temporarily removes firearms from a person who poses a serious risk of harming themselves or others. Sometimes called a “red flag law,” an ERPO gives families, law enforcement, and in some states other parties a legal tool to intervene before violence happens, rather than after. It operates through the civil court system, not the criminal system, meaning the person subject to the order isn’t charged with a crime.
How an ERPO Works in Practice
The process starts when a petitioner, typically a family member or law enforcement officer, files a petition in court describing why they believe someone is at risk of committing violence. The court reviews the petition and considers all relevant facts: past violence, recent threats, reckless brandishing of a firearm, or violations of existing protective orders.
If a judge finds sufficient evidence, the court can issue an emergency (ex parte) order without the respondent being present. This is designed for situations where waiting could be dangerous. In Virginia, for example, law enforcement first gives the person an opportunity to voluntarily surrender their firearms. If they refuse, officers can obtain a search warrant to remove the guns. In documented cases, police have seized anywhere from a single handgun to collections of nearly 20 firearms under these orders.
While the order is active, the respondent cannot possess or purchase firearms. When the order expires and is not renewed, the state must return the firearms.
Emergency Orders vs. Extended Orders
ERPOs generally come in two stages. The first is a short-term emergency order. In Nevada, this lasts up to 7 days. In Virginia, it lasts up to 14 days. These emergency orders require a lower standard of proof, typically a “preponderance of the evidence,” meaning the court finds it more likely than not that the person poses a risk.
Before the emergency order expires, the court holds a full hearing where the respondent can appear, present evidence, and argue their case. To issue an extended order, the judge must find “clear and convincing evidence” that the person poses a substantial risk of harm. This is a significantly higher legal bar. Extended orders typically last up to one year in most states, though Virginia caps them at 180 days. Indiana is an outlier: orders there remain in effect until a judge specifically terminates them.
Preventing Suicide
Suicide prevention is one of the primary reasons ERPOs exist, and it may be where they have the clearest measurable impact. Firearms are involved in roughly half of all suicide deaths in the United States, and access to a gun during a crisis dramatically increases the likelihood that a suicidal episode becomes fatal. ERPOs create a window of separation between the person and the firearm during that high-risk period.
A study published in JAMA Network Open examined Connecticut’s risk warrant law, one of the oldest in the country, and estimated that one suicide death was prevented for every 10 to 22 ERPOs issued. The range depends on assumptions about what would have happened without the order, but the overlapping conclusion across multiple analyses landed around one life saved for every 10 gun-removal actions. That ratio is comparable to many accepted medical interventions.
Intervening Before Mass Shootings
ERPOs also serve as a tool for intervening when someone threatens large-scale violence. A study from the University of Michigan’s Institute for Firearm Injury Prevention analyzed 6,787 ERPO cases across six states and found that 10 percent, roughly 662 cases, were filed in response to threats of killing at least three people. The most common targets of these threats were K-12 schools, followed by workplaces, then intimate partners and their families.
Judges granted 93 percent of temporary orders in cases involving mass shooting threats. When those cases proceeded to a full hearing, judges granted the extended order 84 percent of the time. While it’s impossible to know with certainty which threats would have been carried out, the study’s authors noted that ERPOs are being used in a substantial number of cases that could have ended in tragedy.
What Happens When the Order Expires
An ERPO is temporary by design. Once the order expires and is not renewed, the respondent can apply to get their firearms back. In New York, for instance, the respondent files an Application for Return, and a judge makes the decision. In practice, firearms have been held for periods ranging from several months to about a year before being returned following a hearing.
Respondents also have the right to challenge the order while it’s active. In New York, a respondent can file a request to amend or cancel the ERPO one time during its duration. The court schedules a hearing, both sides present their arguments, and the respondent must demonstrate a change in circumstances that justifies modifying the order.
How ERPOs Differ From Criminal Charges
A key distinction is that ERPOs operate in civil court. The goal is prevention, not punishment. The person subject to the order is not arrested, does not receive a criminal record, and is not incarcerated. The only restriction is on firearm access for the duration of the order. In several documented cases, ERPO proceedings have actually replaced criminal prosecution entirely. In one Virginia case, police seized 13 firearms under an ERPO, held them for six months, and the prosecutor dropped all criminal charges against the respondent.
This civil framework is intentional. It lowers the barrier for families to seek help during a crisis without forcing a loved one into the criminal justice system. It also means the legal protections are different: the standard of proof is lower than “beyond a reasonable doubt,” but higher than what’s needed for a simple restraining order at the extended-order stage.