Risk Protection Orders: Can Laws Unite For Safety?

The Extreme Risk Protection Order Act is a federal gun control legislation that supports state, tribal, and local efforts to remove access to firearms from individuals deemed a threat to themselves or others. Introduced in 2018, the act seeks to empower community members to prevent gun violence without threatening the Second Amendment right. The act provides a framework for states to determine how to craft laws that allow law enforcement, family members, or other concerned individuals to intervene before warning signs turn into tragedies. The ERPO laws authorize judges to issue extreme risk orders to temporarily disarm people at extreme risk of violence, whether or not they are found to be severely mentally ill. The ERPO laws also allow individuals to present evidence to a civil court judge that a person is at risk of harming themselves or others.

ERPOs can be used to prevent mass shootings

Mass shootings are a source of shared anguish and outrage among Americans and are becoming more frequent. Extreme Risk Protection Orders (ERPOs), also known as gun violence restraining orders or "red flag" laws, are designed to help prevent these shootings. ERPOs are temporary, tailored interventions focused on high-risk individuals.

ERPOs are successful in cases of threatened violence. They are overwhelmingly being used as intended, intervening in cases of threatened self- or other-directed violence, including mass shootings. ERPO petitions are usually filed by law enforcement, and the majority are granted. When petitions are denied, it is most often because they do not meet the required burden of proof. In most cases, firearms are recovered by or turned in to law enforcement, though ERPOs are also used to prevent respondents from purchasing new firearms.

In the first three years of California's ERPO law, 58 cases involved threatened mass shootings, including six that involved minors targeting schools. A separate in-depth analysis of 21 of these cases found that none of the threatened shootings had occurred, nor had there been other homicides or suicides by the respondents. ERPOs protect individuals, but it may be too early to see the change in the population. Studies of individual-level outcomes found that ERPO laws in Connecticut and Indiana are effective for suicide prevention, estimating that one life is saved for every 10-20 orders issued.

ERPOs were developed by the Consortium for Risk-Based Firearm Policy in 2013 after the shooting at Sandy Hook Elementary School. The Center has participated in advocacy efforts to pass and fund ERPOs in 21 states, the Virgin Islands, and the District of Columbia since 2014. Today, more than half of all Americans live in a state that has an ERPO, and this is the direct result of the work of the Center, the Consortium, and gun violence prevention advocates across the country.

ERPOs can be used to prevent suicide

ERPOs, or Extreme Risk Protection Orders, are a crucial tool for preventing gun violence and suicide. Research has shown that ERPOs can be effective in preventing suicide, especially when used by frontline responders such as law enforcement and clinicians. This is particularly important given that more than half of suicide deaths are attributed to firearms, and the fatality rate for firearm suicide attempts is very high.

ERPOs provide a mechanism to temporarily remove guns from individuals who are at risk of harming themselves or others. This is done through a legal process where a court issues an order to prohibit the individual from possessing or accessing firearms. The process typically involves filing a petition with the court, outlining the specific facts and evidence that establish the individual's risk of harm to themselves or others. This can include social media posts, emails, texts, and verbal threats. In some states, only law enforcement can request ERPOs, while in others, family members and even friends are also allowed to do so.

The effectiveness of ERPOs in preventing suicide has been demonstrated in several studies. One study found that for every 10-20 firearm removal actions, one life was saved by averting a suicide. Another study analyzed data from four states with ERPOs and found that ERPOs saved one life for every 13 issued. While ERPOs are not a panacea for preventing all firearm injuries and deaths, they are an important piece in the puzzle of gun violence and suicide prevention.

To further enhance the effectiveness of ERPOs in preventing suicide, it is crucial to increase awareness and understanding of these laws among frontline responders and the general public. This includes educating clinicians, law enforcement, and other allied professionals about ERPOs and how to use them effectively. Additionally, training for law enforcement is essential to ensure consistent and fair implementation of ERPO laws across different states and jurisdictions. By improving awareness and training, more opportunities to intervene and prevent suicides can be identified and acted upon.

ERPOs can be requested by family members

ERPOs, or Extreme Risk Protection Orders, are civil orders that can be requested by family members or law enforcement officers to temporarily restrict an individual's access to firearms. This is done when the individual is deemed to be at risk of hurting themselves or others.

In the United States, ERPOs are state-level laws that vary across different states. While some states only allow law enforcement to request ERPOs, other states like Washington extend the right to family members and even friends. Family members who can request an ERPO include biological or legal parents, stepparents, grandparents, children, stepchildren, and grandchildren.

The process of requesting an ERPO involves filling out forms that identify the respondent, the relationship between the petitioner and the respondent, and the concerns and behavioural crises that have led to the request. This narrative must provide a pattern of behaviour that indicates the individual is a danger to themselves or others. Evidence can include social media posts, emails, texts, and verbal threats. After submitting the petition, the court will set a hearing date within three judicial days to ensure that firearms and licenses have been recovered.

The ERPO is not a criminal prosecution, and the respondent will not face jail or criminal charges unless they violate the terms of the order. The respondent is also provided with due process protections, including the opportunity to be heard and present evidence, and to request a reevaluation of the ERPO based on new evidence.

ERPOs can be requested by law enforcement

ERPOs, or Extreme Risk Protection Orders, are civil orders that temporarily restrict an individual's access to firearms if they are deemed to pose a significant risk to themselves or others. They are modelled after domestic violence protection orders and are available in 21 US states and the District of Columbia. Law enforcement plays a critical role in the ERPO process and can petition the court for ERPOs. They are also responsible for serving the order to the person in question, clarifying the legal restrictions regarding gun ownership and possession, and taking possession of the individual's firearms until the order expires or is terminated.

The involvement of law enforcement in the ERPO process is essential for effective implementation. Officers must be trained and aware that they have access to this tool, and prosecutors must be actively involved in processing and supporting ERPO requests. Training is critical to ensuring that law enforcement officers can effectively recognise dangerous behaviours that can be indicative of violence and empowering them to use ERPO as a tool. This training can be built into the police academy, and law enforcement can receive additional guidance through ongoing roll call trainings.

In some states, only law enforcement officers are permitted to request ERPOs. However, in other states, such as Washington, family members and even friends can also request ERPOs. This allows for a more comprehensive approach, as family members may be more likely to recognise warning signs and escalate concerns before they turn into tragedies.

The process of requesting an ERPO typically involves filling out forms that identify the individual in question, the nature of the concerns, and providing a narrative of the behavioural crisis that has led to the request. This narrative can include evidence such as social media posts, emails, texts, and verbal threats. The court will then review the application and determine if there is probable cause to issue an ERPO.

Overall, ERPOs are an important tool for law enforcement to intervene and prevent potential harm when an individual is threatening violence against themselves or others. They play a critical role in ensuring community safety and preventing gun-related suicides and mass shootings.

ERPOs can be requested by friends

In the United States, Extreme Risk Protection Orders (ERPOs) are a type of civil restraining order issued by a court to temporarily prevent individuals deemed to be at elevated risk of harming themselves or others from purchasing or possessing firearms. ERPOs are also known as "red flag laws" and are designed to prevent mass shootings and suicides. As of November 30, 2023, ERPO laws have been passed in 21 states and the District of Columbia.

After an initial emergency order is granted, which typically lasts for two weeks, a court hearing is held where the respondent can argue against the ERPO and present any changes in circumstances. If the ERPO is granted at the full hearing, the respondent loses their gun rights for one year. However, they can request an extension if they still have ongoing fears about the respondent.

While friends can request ERPOs, it is recommended that law enforcement serves the order to the respondent due to the associated risks. Once served, law enforcement works to create a safety plan to retrieve the respondent's firearms. Overall, ERPOs have been shown to be effective in preventing mass shootings and suicides, with research estimating that one life is saved for every 10-20 orders issued.

Frequently asked questions