Red Flag Laws: Who Can Call You In?

Red flag laws, also known as Extreme Risk Protection Orders (ERPOs), are court orders that allow law enforcement or family members to petition for the temporary removal of firearms from individuals deemed to be a danger to themselves or others. As of 2025, 19 states and the District of Columbia have enacted red flag laws, while 13 states have seen similar legislation stalled or defeated. These laws are intended to prevent gun violence and provide an opportunity to intervene before a tragedy occurs. However, they are also controversial due to concerns about due process and the potential for abuse. In some states, the subject of a red flag order may not know about the petition or have a chance to defend themselves before their firearms are confiscated. Oklahoma is the only state with an anti-red flag law, specifically prohibiting the enactment of such measures.

Red flag laws are also known as Extreme Risk Protection Orders (ERPOs)

Red flag laws, also known as Extreme Risk Protection Orders (ERPOs), are court-issued orders that allow law enforcement or loved ones to intervene and temporarily prevent someone in crisis from accessing firearms. These laws are designed to de-escalate emergency situations and prevent incidents of gun violence, such as firearm suicide or mass shootings. As of 2020, 18 states in the US have adopted red-flag laws, with New Mexico being the latest to implement them.

ERPOs are typically requested by family members or law enforcement who are often the first to notice warning signs in an individual. The laws empower them to petition a court for an order to temporarily restrict a person's access to guns if they exhibit clear evidence of being a danger to themselves or others. This can include making credible threats of violence or exhibiting warning signs of a potential gun-related incident.

The process of obtaining an ERPO varies by state but generally involves filing a petition with the court, providing evidence of the potential risk, and obtaining a court order. Some states, like Maryland, grant slightly over half of the petitions filed, while others, like Maine, require a medical professional assessment before approving a petition.

While red-flag laws are intended to enhance public safety, they have also faced criticism and legal challenges. Some argue that they infringe on constitutional rights, such as the right to due process and protection against unreasonable searches and seizures. Critics also highlight the potential for abuse, as Red Flag hearings can be based on uncorroborated claims made by a single individual. Despite these concerns, red-flag laws remain a controversial but important tool in the effort to prevent gun violence in the United States.

They allow loved ones or law enforcement to intervene

Red flag laws, also known as extreme risk protection orders (ERPOs) or gun violence restraining orders (GVROs), allow loved ones or law enforcement to intervene

They are civil court orders that restrict firearm access

Red flag laws, also known as Extreme Risk Protection Orders (ERPOs), are civil court orders that restrict an individual's access to firearms. They are implemented when a person is in crisis and considering harming themselves or others. Family members or law enforcement can petition a court for an order to temporarily prevent someone in crisis from accessing guns. These laws are a proven way to intervene before gun violence takes place.

In many instances of gun violence, there are warning signs that the shooter posed a serious threat before the incident. Red flag laws give key community members, such as family members and law enforcement, a way to intervene before these warning signs become tragedies. These laws allow immediate family members and law enforcement to petition a court for an order for the temporary removal of guns from dangerous situations.

The specific provisions of red flag laws differ from state to state, varying on matters such as who can initiate the gun removal process, whether a warrant is required, what factors the court must consider before ordering firearm removal, what must be proven in court, how long the firearms are restricted, and what process is used to restore an individual's firearm access. For example, in Indiana and New Mexico, only law enforcement may petition for an order. In Colorado, there are two forms of court orders under red flag laws: a temporary ERPO (TERPO), which lasts up to two weeks, and a 364-day ERPO, which may be granted by the court after a hearing.

Critics of red flag laws argue that they infringe on the Second Amendment right to bear arms and that they can be used to deprive law-abiding citizens of their constitutional rights based on predictions or uncorroborated claims. However, supporters of red flag laws point to their potential to prevent gun-related suicides and mass shootings. A 2023 review by the RAND Corporation found inconclusive evidence of the effect of red flag laws on firearm suicides, but the potential for these laws to prevent suicides may be more valuable than their ability to prevent mass shootings.

They are intended to prevent gun violence

Red flag laws, also known as Extreme Risk Protection Orders (ERPOs), are civil court orders that allow loved ones or law enforcement to petition a court to temporarily confiscate firearms from an individual who is deemed to be a danger to themselves or others. These laws are intended to prevent gun violence by intervening before a tragedy occurs.

In many incidents of gun violence, there are warning signs that an individual is at risk of harming themselves or others. Family members and law enforcement are often the first to see these warning signs and can petition the court to temporarily restrict the individual's access to firearms. This provides a critical opportunity to de-escalate emergency situations and prevent mass violence, homicide, or suicide.

As of 2025, 19 states and the District of Columbia have enacted some form of red flag law, with varying levels of support across the country. For example, an APM survey found that 77% of Americans support family-initiated ERPOs, while 70% support law enforcement-initiated ERPOs. However, some counties and cities have adopted "Second Amendment sanctuary" resolutions in opposition to red flag laws, and Oklahoma has passed a law specifically prohibiting the enactment of red flag laws within the state.

While proponents of red flag laws argue that they are necessary for preventing potential threats and protecting communities, critics raise concerns about due process violations and the potential for abuse. Additionally, in some states, the individual subject to the order may not have knowledge of the petition or order, leading to the confiscation of property without the opportunity to defend themselves. Despite these controversies, red flag laws present an opportunity to proactively intervene and save lives before a tragedy occurs.

They are rarely used to stop gun violence

Red flag laws, also known as extreme risk protection orders (ERPOs), are intended to prevent gun violence by allowing law enforcement, family members, or loved ones to petition a court to temporarily restrict a person's access to guns if they are deemed to be a danger to themselves or others. While these laws exist in 19 states and the District of Columbia, they are rarely used to their full potential to prevent gun violence.

An Associated Press analysis found that many U.S. states with red flag laws rarely utilize them to address gun violence proactively. Since 2020, these laws have resulted in the removal of firearms from individuals just 15,049 times across 19 states and the District of Columbia, amounting to fewer than 10 instances per 100,000 adult residents. This frequency is deemed insufficient to significantly curb gun violence, given the prevalence of firearms and the myriad warning signs encountered by law enforcement daily.

The underutilization of red flag laws can be attributed to a lack of awareness about these laws among the public and resistance from certain authorities who are reluctant to enforce them. This resistance is particularly evident in some counties and cities that have adopted "Second Amendment sanctuary" resolutions, opposing red flag laws and emergency protection orders. As of 2019, approximately 75 jurisdictions have declared themselves as sanctuaries, actively resisting the implementation of gun control measures.

Furthermore, critics of red flag laws argue that they infringe upon citizens' rights, including the right to due process. They contend that these laws enable the seizure of an individual's weapons without their presence or the opportunity to defend themselves, solely based on uncorroborated claims made by a single individual. This concern underscores the delicate balance between ensuring public safety through gun control measures and preserving the constitutional rights of citizens.

In conclusion, while red flag laws are intended to be a powerful tool for preventing gun violence, their effectiveness is hindered by low usage rates. To fully harness the potential of these laws, it is essential to address the barriers to their implementation, including raising awareness, mitigating resistance from authorities, and ensuring that due process rights are protected.

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