Extreme Risk Protection Orders

Sometimes called a "red flag law," Extreme Risk Protection Orders are a way to temporarily disarm someone who has become a risk to themselves or others. If the order is followed, there is no criminal penalty.

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The order can remove firearms from a situation, reduce the threat of violence, and creates an opportunity for people in crisis to get the help they need.

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Examples include those who might be at risk for suicide, or committing domestic violence, a mass shooting, or other gun crime. Often people close to someone in crisis know that something is wrong. An Extreme Risk Protection Order is a way to intervene in a dangerous situation before it becomes violent.

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The order is issued by a judge based on evidence presented that a person is likely to be dangerous.

Family or those that live with the subject. This includes a parent, spouse, adult son or daughter, a sibling, a grandparent, a grandchild, an uncle or aunt, or a first cousin. Family also includes intimate partners (like a girlfriend, boyfriend), ex-intimate partners (such as an ex-girlfriend, ex-boyfriend, ex-spouse), and those with whom the subject has a child in common. Unrelated housemates may also file a petition.

Law enforcement. Eligible officers include the local police, county sheriff, or state police. Campus safety officers at public or private colleges and junior colleges are also eligible. The county prosecutor or assistant county prosecutor may also file a petition.

Mental health professionals involved in the treatment of a subject.

To request an Extreme Risk Protection Order, you must file a petition with your local district court using the appropriate form. 

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Use this form if the respondent (the person with the gun) is an ADULT.

Use this form if the respondent (the person with the gun) is a MINOR.

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Law enforcement, family members, or medical professionals all use the same form.

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You do not need to contact law enforcement to file a petition. Eligible petitioners may file on their own, directly with the court. You may contact law enforcement to request that they file the petition, however.

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You may use a lawyer to help write the petition, but you are not required to do so.

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In the petition, you should describe why the subject of the petition (the respondent) has become a threat to themselves or others. Describe the current situation, past history, and anything else the court should know. The court will consider evidence or history of many things including:

-Violence or threats of violence; 

-Serious mental illness;

-Previous violations of extreme risk protection orders or personal protection orders;

-Domestic violence;

-Animal abuse;

-Use of illegal drugs;

-Reckless use or display of a firearm;

-Previous criminal convictions;

-Attempts to gain access to firearms or ammunition.

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The court will also consider supporting statements from members of the family or household of the subject.

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The petition should describe any firearms that the petitioner believes the subject has.

If you believe that the situation is an emergency and that people are in danger right away, check the box marked "ex parte."

 

If you file an emergency petition ("ex parte") the judge may rule on it without first notifying the subject. This means that the subject of the order will not be notified that the petition has been filed until they are served with an Extreme Risk Protection Order and instructed to relinquish their firearms. 

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You should consider an emergency or ex parte order in cases where if the subject found out about the petition, they would be likely to try to carry out their planned violence before the order could be issued. Examples might include someone who is currently at risk for suicide or someone actively planning a mass shooting.

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If the subject of the order disagrees with the ruling, it can be appealed at a later hearing.

A judge will consider the petition immediately. The order will be issued if the judge decides that the "preponderance of the evidence" shows that the subject of the petition has become a danger to themselves or others.

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The judge may decide to have a hearing on the order to which both parties are asked to appear. In urgent or especially dangerous situations, the judge may decide to issue an "emergency order" without a hearing. If the judge issues the order without a hearing, one will be held later.