Gavin Howe
Red flag laws, also known as extreme risk protection order laws, are gun laws that allow state courts to order the temporary seizure of firearms from individuals deemed to be a danger to themselves or others. These laws are invoked in situations where an individual is exhibiting threatening behaviour or making concerning statements but cannot be arrested as no crime has been committed, and they do not qualify for a mental health hold. As of May 2023, 21 states and the District of Columbia have enacted some form of red-flag law, with variations in their specifics and enforcement across different counties and states. While red flag laws have been credited with deterring potential mass shootings and suicides, their effectiveness relies on awareness and utilisation.
| Characteristics | Values |
|---|---|
| What is it? | A gun law that permits a state court to order the temporary seizure of firearms and other dangerous weapons from a person who may present a danger. |
| Who can invoke it? | Family members, teachers, medical professionals, law enforcement, and others. |
| When can it be invoked? | When someone is threatening to harm themselves or others, and they have access to a firearm. |
| Who decides if the law can be invoked? | A judge, who evaluates the situation and determines if the risk of violence is high. |
| What happens if the law is invoked? | The person's guns are withheld, usually for a year, and then returned. |
| What if the person disagrees? | They can appear before a judge to present evidence that refutes the original petition. |
| What happens if they don't comply? | Refusal to comply is punishable as a criminal offense. |
| How effective is it? | Research shows that red flag laws lead to significant drops in firearm suicides and may have prevented dozens of mass shootings. |
| Which states have it? | As of May 2023, 21 states and the District of Columbia have enacted some form of red-flag law. |
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What You'll Learn
- Red flag laws are a tool to prevent gun violence when someone is at high risk but can't be arrested
- A judge decides whether to issue an order based on statements and actions made by the gun owner
- Red flag laws are also used as suicide-prevention tools
- Red flag laws are invoked after high-profile mass shootings
- Red flag laws are not criminal matters, and do not become part of a person's criminal record
Red flag laws are a tool to prevent gun violence when someone is at high risk but can't be arrested
Red flag laws, also known as extreme risk protection order laws, are a tool that can be used to prevent gun violence when an individual is deemed to be at high risk but cannot be arrested. These laws allow law enforcement, family members, or loved ones to intervene when someone displays warning signs of harming themselves or others. This is particularly relevant when the individual in question has access to firearms but does not qualify for a mental health hold.
In the United States, red flag laws permit a state court to order the temporary seizure of firearms and other dangerous weapons from someone who is believed to pose a threat. A judge makes this determination based on the statements and actions of the gun owner. If the individual refuses to comply with the order, they can be charged with a criminal offense. The confiscated firearms are typically returned after a set period unless another court hearing extends the confiscation.
The implementation of red flag laws has been credited with deterring potential mass shootings and other types of gun violence, including suicides. For example, in California, GVROs (Gun Violence Restraining Orders) have been successful in preventing at least 58 potential mass shootings and other incidents of gun violence. Similarly, in Florida, red-flag orders were granted 21,091 times between March 2018 and January 2025, contributing to public safety.
However, the effectiveness of red flag laws is dependent on their usage and awareness. Despite their potential to save lives, the utilization of red flag laws has been limited in some states due to a lack of awareness among the public. This issue was highlighted in a survey where nearly two-thirds of respondents were unaware of GVROs, although 70% stated they would consider using them in high-risk situations.
To address this challenge, education and awareness campaigns are crucial. By informing the public about the availability and process of obtaining GVROs or similar orders, more individuals will be empowered to intervene and reduce the risk of gun violence. This includes knowing how to identify warning signs and the appropriate channels to report concerns, such as the Speak for Safety website in California.
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A judge decides whether to issue an order based on statements and actions made by the gun owner
In the United States, a red flag law is a gun law that permits a state court to order the temporary seizure of firearms from a person who they believe may present a danger. This is based on the idiom "red flag", meaning "warning sign". A judge decides whether to issue an order based on statements and actions made by the gun owner in question. Refusal to comply with the order is punishable as a criminal offense.
The specifics of red flag laws vary from state to state. For example, in Florida, red-flag orders were granted 21,091 times between March 2018 (when the law took effect) and January 2025. State judges granted petitions for temporary orders about 97% of the time and granted petitions for final orders 99% of the time. In contrast, North Carolina has not passed any red flag laws despite several attempts by Democratic legislators.
Red flag laws are a tool for law enforcement and others to use when someone is at high risk of doing something with a firearm, but they can't be arrested because no crime has been committed, and they don't appear to need a mental health hold or qualify for one. They are also known as extreme risk protection order (ERPO) laws. A 2016 study published in the journal Law and Contemporary Problems found that there was "one averted suicide for every ten to eleven gun seizure cases" in Connecticut.
Despite the potential to reduce mass shootings and suicides, the use of red flag laws in California has been limited. One of the biggest barriers appears to be a lack of awareness about them. A recent survey found that nearly two-thirds of the respondents did not know about red flag laws, although 70% said they would consider using one in a high-risk situation.
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Red flag laws are also used as suicide-prevention tools
Red flag laws, also known as risk-based gun removal laws, are increasingly being used as a tool to prevent suicides. These laws allow police, family members, and, in some states, health care workers, to petition a civil court to seize a firearm from someone who may be a danger to themselves or others. This is particularly relevant given that more than half of the 800,000 suicides in the US over the last two decades involved firearms.
A study published in the Journal of the American Academy of Psychiatry and the Law found that one potential suicide was likely prevented for every 17 times an order removed guns from people who showed a risk of harming themselves or others. The study, which analyzed over 4,500 ERPO respondents in four states, also determined that when an order involved someone with a known risk for suicide, an estimated one suicide was prevented for every 13 orders. Another study found that red flag laws contributed to a statistically significant decrease in suicide rates, with a risk-based law reducing firearm-related suicides by 6.4% and overall suicides by 3.7%.
However, the effectiveness of red flag laws in preventing suicides is dependent on several factors. One factor is the level of education on what ERPOs are and how to use them, especially for those on the frontlines of responding to dangerous situations, such as clinicians and law enforcement. Another factor is the inconsistent filing of ERPO forms, missing information from forms, and the varying level of detail on petitions across different jurisdictions.
Despite these limitations, red flag laws provide a way to intervene and reduce the risk of suicide when individuals show concerning behaviors or make threats of self-harm.
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Red flag laws are invoked after high-profile mass shootings
Red flag laws, also known as extreme risk protection order laws, are invoked after high-profile mass shootings to prevent future gun violence. These laws allow law enforcement and immediate family members to petition a court for an order to temporarily restrict a person's access to firearms if they are deemed a danger to themselves or others. In many cases, red flag laws have been enacted following high-profile mass shootings, such as the Stoneman Douglas High School shooting in Parkland, Florida, in 2018, which led to several states enacting such laws.
After the Parkland shooting, Florida's traditionally pro-gun Republican-led legislature passed its red flag law, and other states followed suit, including Vermont, Maryland, Rhode Island, New Jersey, Delaware, Massachusetts, Illinois, and the District of Columbia. As of May 2023, 21 states and the District of Columbia have enacted some form of red-flag law, with variations in their specifics and utilization rates.
Red flag laws are intended to address the gap in gun control legislation by providing a tool for law enforcement and community members to intervene before warning signs of potential gun violence turn into tragedies. They are particularly relevant when an individual is not arrested because no crime has been committed, and they don't qualify for a mental health hold. However, the effectiveness of red flag laws is questioned due to their limited usage and varying enforcement across counties and states.
While red flag laws have been invoked after high-profile mass shootings, their implementation and success vary. For example, in the case of the Highland Park shooting in Illinois, the gunman had threatened to "kill everyone" in his house, but the Highland Park police never requested a gun surrender order. Similarly, Payton Gendron, the perpetrator of the Buffalo supermarket shooting, had undergone a mental health evaluation, but since he was a minor, he wasn't covered under New York's red flag law and was still able to purchase a rifle.
Despite the varying degrees of success, red flag laws have the potential to prevent mass shootings and suicides. They empower individuals, including concerned parents, teachers, and employers, to play a role in preventing firearm violence by providing a legal pathway to intervene and reduce risks.
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Red flag laws are not criminal matters, and do not become part of a person's criminal record
Red flag laws, also known as extreme risk protection order laws, are a type of gun law that permits a state court to order the temporary seizure of firearms and other weapons from individuals who may pose a danger to themselves or others. These laws are designed to address crisis situations and prevent gun violence. Despite their potential to reduce mass shootings and suicides, it is important to note that red flag laws are not criminal matters and do not become part of a person's criminal record.
In the United States, red flag laws are civil court actions that allow law enforcement and concerned citizens to intervene when someone is at high risk of harming themselves or others with a firearm, but no crime has been committed, and they do not qualify for a mental health hold. These laws empower individuals to play a role in preventing firearm violence by providing a tool to remove firearms from crisis situations. However, the laws do not result in criminal charges or a criminal record for the individuals involved.
The process typically involves concerned individuals, such as family members, friends, or co-workers, reporting threatening behaviour or concerns to the authorities. A judge then determines if the individual in question poses a significant risk and may order the temporary seizure of their firearms. If the judge decides that the person is not a danger, the firearms can be returned, and the matter is resolved without any criminal implications.
While red flag laws do not result in criminal charges, violating a risk protection order issued under these laws can lead to criminal charges, fines, imprisonment, and a permanent mark on one's legal record. Additionally, the temporary loss of firearm possession rights can be distressing for individuals who rely on firearms for personal or professional reasons. Therefore, it is essential to understand the legal implications and seek legal counsel when navigating red flag laws.
In summary, red flag laws provide a tool for law enforcement and citizens to intervene in crisis situations and prevent potential gun violence. These laws are civil matters and do not result in criminal charges or become part of an individual's criminal record. However, violating a risk protection order issued under these laws can lead to criminal consequences and impact an individual's legal standing.
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Frequently asked questions
The Red Flag Law is a gun law that permits a state court to order the temporary seizure of firearms and other dangerous weapons from individuals deemed to be a danger to themselves or others. It is named after the idiom "red flag", which means "warning sign".
When an individual is believed to be at high risk of harming themselves or others using a firearm, a petition can be submitted to a judge. The judge evaluates the situation and determines whether an immediate order is necessary based on the specificity of the threats and access to firearms. If the risk of violence is deemed high, the judge can issue an emergency ex parte order, which goes into effect immediately without the subject being notified or present. The subject can then request their guns back, and law enforcement will conduct a background check before returning the firearms.
Refusal to comply with the Red Flag Law is considered a criminal offense. The guns are typically withheld for a period of time and then returned to the individual if the order is not extended.
