Cecily Zamora
Red flag laws, also known as Extreme Risk Protection Orders (ERPOs), are state laws that allow police or family members to petition state courts to temporarily confiscate firearms from individuals deemed to pose a threat to themselves or others. These laws are designed to prevent gun-related harm and suicides, and the authority to enforce them varies across states. For instance, in Indiana and New Mexico, only law enforcement may petition for an order, while in Oregon, any person living with the individual of concern may file a petition. Oklahoma is the only state with an anti-red flag law, prohibiting the enforcement of such laws. This article will explore the varying enforcement capabilities of state police concerning red flag laws and the impact of these laws on gun violence prevention.
| Characteristics | Values |
|---|---|
| Number of states with red flag laws | 21 |
| First state to enact an anti-red flag law | Oklahoma |
| States with anti-red flag laws | Oklahoma, Tennessee, West Virginia |
| Who can file a petition | Varies by state: Indiana and New Mexico (only law enforcement); Oregon (anyone living with the person of concern); New York (family member, prosecutor or police official, teacher, school administrator); California (high school and college employees, co-workers, and mental health professionals, but this was vetoed) |
| Who can request an ERPO | Family/household members, gun licensing authorities, certain law enforcement, certain healthcare providers, school principal/administrator |
| Who can file a motion | Only the police |
| Who red flag laws target | Individuals who show signs of being a threat to themselves or others |
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What You'll Learn
Who can file a petition to enforce red flag laws?
Red flag laws, also known as Extreme Risk laws, allow loved ones or law enforcement to intervene by petitioning a court for an order to temporarily prevent someone in crisis from accessing guns. These laws can help de-escalate emergency situations and prevent gun violence.
In some states, only law enforcement may petition for an order. For example, in Indiana and New Mexico, only law enforcement can file a petition. In other states, such as Oregon, any person living with the person of concern may file a petition. In New York, a petition may be sought by a family member, a prosecutor or police official, a teacher, or a school administrator.
The ability to file a petition by family members is an important aspect of red flag laws. In many instances of gun violence, there are clear warning signs that the shooter posed a serious threat before the shooting. Family members and law enforcement are often the first people to see the warning signs. In California, family members filed 12 petitions for gun violence restraining orders, while the rest were filed by law enforcement. In Colorado, petitions filed by law enforcement agencies are far more likely to be granted than those filed by family or household members.
In some states, there are additional options for who can file a petition. In California, high school and college employees, co-workers, and mental health professionals were given the ability to file petitions, but this legislation was vetoed by Governor Jerry Brown. In Fairfax County, Virginia, only a Commonwealth Attorney or a Police Officer can act on a report to seek or petition for an ESRO (Extreme Risk Substantial Risk Order) by going to a magistrate or a judge of any court.
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Which states have red flag laws?
As of May 2023, 21 states and the District of Columbia have enacted red flag laws, also known as Extreme Risk Protection Orders (ERPOs). These laws allow police or family members to petition state courts to temporarily remove firearms from a person deemed to be a danger to themselves or others.
The states with red flag laws are:
- Colorado
- Connecticut
- Indiana
- California
- Washington
- Oregon
- Florida
- Vermont
- Maryland
- Rhode Island
- New Jersey
- Delaware
- Massachusetts
- Illinois
- New York
- Nevada
- Hawaii
- New Mexico
- Virginia
- Minnesota
- Michigan
Some states refer to red flag laws by different names. For example, in Oregon, Washington, Maryland, and Vermont, they are called Extreme Risk Protection Orders (ERPOs), while in New Mexico, they are called Extreme Risk Firearm Protection Orders.
It is important to note that the specific provisions of red flag laws vary from state to state, including who can initiate the process, whether a warrant is required, and the factors considered for firearm removal.
In contrast, some states have enacted anti-red flag laws, explicitly prohibiting the state or any city, county, or political subdivision from enacting red flag laws. Oklahoma was the first state to enact an anti-red flag law in 2020, followed by Tennessee and West Virginia.
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Which states have anti-red flag laws?
As of May 2023, 21 states and the District of Columbia have enacted some form of red-flag law. These laws, also known as Extreme Risk Protection Orders (ERPOs), allow loved ones or law enforcement to petition a court for an order to temporarily prevent someone in crisis from accessing guns.
The states with red flag laws are:
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Hawaii
- Illinois
- Indiana
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Nevada
- New Jersey
- New Mexico
- New York
- Oregon
- Rhode Island
- Vermont
- Virginia
- Washington
On the other hand, Oklahoma is the first state to enact an anti-red flag law in May 2020. The law specifically "prohibits the state or any city, county, or political subdivision from enacting red flag laws." In 2024, Wyoming and Tennessee also enacted anti-red flag laws.
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What are the concerns surrounding red flag laws?
Red flag laws, also known as Extreme Risk Protection Orders (ERPOs), are state laws that allow law enforcement, family members, and in some states, medical professionals, to petition a court to temporarily limit an individual's ability to buy or possess a firearm if they are believed to be a danger to themselves or others. As of May 2023, 21 states and the District of Columbia have enacted some form of red-flag law.
There are several concerns surrounding red flag laws. One of the main concerns is the potential for abuse and due process violations. In some states, the person who is the subject of the order has no knowledge of the petition or order, and therefore cannot defend themselves against the accusation before their property is confiscated and they lose their gun rights. This goes against the due process protections guaranteed by the US Constitution, which typically gives individuals the right to confront their accuser, review evidence, and have a jury trial.
Another concern is the effectiveness of red flag laws in preventing gun violence. Some argue that even with the confiscation of firearms, individuals may still resort to alternative weapons, questioning the true impact of these laws on preventing violence. For example, in Arizona in 2019, the National Rifle Association (NRA) ghostwrote an opinion piece for sheriffs to submit to the local press, stating their opposition to red flag laws. Additionally, a 2019 study by gun rights advocate John Lott found that red flag laws had no significant effect on murder, suicide, the number of people killed in mass shootings, robbery, aggravated assault, or burglary.
Furthermore, the implementation and enforcement of red flag laws vary across states, leading to inconsistencies in how they are utilized. For instance, in Indiana and New Mexico, only law enforcement may petition for an order, while in Oregon, any person living with the individual of concern may file a petition. This variation in provisions can lead to confusion and potential loopholes in the system.
While red flag laws aim to prevent gun-related harm by intervening before a crisis occurs, critics argue that they infringe on constitutional rights and may not effectively address the complex issue of gun violence in the United States.
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How effective are red flag laws?
Red flag laws, also known as Extreme Risk laws, are state laws that allow law enforcement, family members, and in some states, medical professionals, to petition the court to temporarily limit an individual's access to firearms if they are believed to be a danger to themselves or others. These laws are intended to de-escalate emergency situations and prevent gun-related suicides and mass shootings.
As of 2025, 19 states and the District of Columbia have enacted some form of red flag law, with 13 states having similar legislation stalled, defeated, or vetoed. Oklahoma is the only state with an anti-red flag law, prohibiting any city or county from enacting red flag laws.
The effectiveness of red flag laws is a subject of debate. Supporters argue that these laws are a proven way to intervene before gun violence takes lives, as evidenced by the increase in Extreme Risk Protection Orders (ERPOs) issued in New York State. Additionally, a majority of gun owners support ERPOs, with 60% supporting police-initiated orders and 67% supporting family-initiated orders.
However, critics of red flag laws argue that they violate due process protections guaranteed by the U.S. Constitution. In some states, the person subject to the order may not have knowledge of the petition or order, and their property may be confiscated without their permission. Additionally, the potential for abuse and the use of alternative weapons despite firearm confiscation have been raised as concerns.
The effectiveness of red flag laws may depend on various factors, including the specific provisions and implementation of the laws in each state, as well as the cooperation and vigilance of law enforcement, family members, and the community in identifying and reporting potential threats.
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Frequently asked questions
Red flag laws, also known as Extreme Risk Protection Orders (ERPOs), are state laws that allow law enforcement, family members, or medical professionals to petition the court to temporarily limit an individual’s ability to buy or possess a firearm if they are deemed to be a danger to themselves or others.
As of April 2020, 19 states and the District of Columbia have enacted a red flag law. These include Florida, Vermont, Maryland, Rhode Island, New Jersey, Delaware, Massachusetts, Illinois, New York, Colorado, Nevada, Hawaii, New Mexico, and Virginia.
Yes, red flag laws can be enforced by state police. In some states, only the police can file a motion to enforce these laws. However, provisions for red flag laws vary from state to state. For example, in Indiana and New Mexico, only law enforcement may petition for an order, while in Oregon, any person living with the person of concern may file a petition.
The process for enforcing a red flag law typically involves petitioning a court for an order to temporarily prevent an individual from accessing guns. A judge then makes a ruling, and if the order is signed, law enforcement can confiscate the firearms and ammunition from the individual. The individual may also lose any concealed carry permits and be prohibited from purchasing firearms for up to one year.
There are several concerns surrounding red flag laws, including the potential for abuse or "weaponization" by former partners or family members. Additionally, there is a debate over whether these laws genuinely target violent individuals or simply individuals with guns. Some also argue that confiscating firearms may not deter those intent on causing harm, as they could resort to using alternative weapons.
