An ERPO, or Extreme Risk Protection Order, is a civil court order that temporarily bars a person from possessing or buying firearms when a judge finds they pose a serious danger to themselves or others. These orders are often called “red flag” orders. They exist in 22 states, the District of Columbia, and the U.S. Virgin Islands as of early 2026, and because each state writes its own law, the details vary from place to place.1The National ERPO Resource Center. State-by-State
What an ERPO Does and Does Not Do
An ERPO deals only with firearms. The respondent must surrender any guns and ammunition they own, and they cannot buy or acquire new firearms while the order is in effect.2Department of Justice. Commentary for Extreme Risk Protection Order Model Legislation
That is the whole scope. An ERPO cannot order the respondent to stay away from the petitioner, cut off contact, leave a shared home, or address child custody. Those are the jobs of a domestic violence protection order or a restraining order, and a person can be subject to both kinds of orders at once when the facts call for it. If you are looking for protection from contact or harassment, an ERPO alone will not get you there.
Who Can Petition the Court
Law enforcement officers can file an ERPO petition in every state that has the law on the books.3The National ERPO Resource Center. Important Considerations for Law Enforcement in States with Extreme Risk Protection Order Laws Many states also let family or household members petition, which typically covers spouses, parents, children, siblings, domestic partners, and people who have recently lived with the respondent. A smaller number of states extend the right to school administrators, healthcare professionals, or employers. Who qualifies depends on the state.
The petition is a sworn document. The petitioner has to lay out specific facts about why the respondent is dangerous, and filing a petition known to be false, or filed just to harass someone, is itself a crime under most ERPO laws.2Department of Justice. Commentary for Extreme Risk Protection Order Model Legislation
What Judges Look At
The core question is whether the person’s recent behavior shows a real risk that they will harm themselves or others with a gun. Judges weigh things like recent threats or acts of violence, patterns of dangerous conduct, reckless firearm use, substance abuse, violations of earlier court orders, and recent attempts to buy weapons. No one factor is automatically enough. The judge looks at the full picture.
The standard of proof depends on the stage. For a temporary emergency order, most states require probable cause. For a longer-term order after a full hearing, the bar is higher. Some states require clear and convincing evidence, while others use the lower preponderance of the evidence standard.2Department of Justice. Commentary for Extreme Risk Protection Order Model Legislation Either way, the burden is on the petitioner. The respondent does not have to prove they are safe.
How the Case Moves Through Court
The Temporary Order
When the situation is urgent, a judge can issue a temporary order the same day without the respondent being present. This is an ex parte order, based on the lower probable-cause standard, and it lasts only until the court can hold a full hearing — usually within about 14 days.3The National ERPO Resource Center. Important Considerations for Law Enforcement in States with Extreme Risk Protection Order Laws In some states the judge can also issue a search warrant at the same time, letting law enforcement go find the firearms rather than wait for the respondent to turn them in.4The National ERPO Resource Center. Judicial Officers
The Full Hearing
At the full hearing both sides appear. The respondent gets notice ahead of time and can show up, testify, call witnesses, and put on evidence of their own. The petitioner does the same. The judge considers everything, including which firearms the respondent has and where they are kept, then decides whether the higher evidentiary standard is met and whether a longer-term order should issue.3The National ERPO Resource Center. Important Considerations for Law Enforcement in States with Extreme Risk Protection Order Laws
Due Process Rights of the Respondent
A respondent in an ERPO case has the right to notice, the right to an in-person hearing before an unbiased judge, the right to see the evidence being used against them, the right to put on their own evidence, the right to confront adverse witnesses, and the right to hire an attorney.5Congress.gov. Text – 117th Congress (2021-2022): Bipartisan Safer Communities Act
One point surprises people: the right to counsel does not come with a free lawyer. ERPOs are civil, not criminal, so there is no automatic public defender.6The National ERPO Resource Center. Attorneys Many respondents, and many petitioners, go through these hearings without one. Representation tends to matter, particularly for a respondent trying to challenge the evidence.
What Happens After the Order Issues
Once an ERPO is in place, the respondent surrenders all firearms and ammunition to law enforcement. Some states offer alternatives, such as selling the guns to a licensed dealer or transferring them to an approved third party, as long as the proper paperwork goes to the court. The respondent also cannot buy or acquire firearms for the duration of the order.2Department of Justice. Commentary for Extreme Risk Protection Order Model Legislation
Breaking the order has criminal consequences. A respondent who refuses to turn over firearms, or who acquires new ones in defiance of the order, can be charged. So can a third party who promised the court they would keep guns away from the respondent and then handed them over anyway. Whether the charge is a misdemeanor or felony, and what the fine or jail exposure looks like, depends on the state. Judges can also use contempt powers on top of any criminal case.
How Long It Lasts
Final orders commonly run up to one year. A few states cap them at six months, and at least one state allows orders that last up to five years. Temporary orders are much shorter and only bridge the gap to the full hearing.
When the order is close to expiring, the original petitioner can ask the court to renew it by filing a new petition with fresh evidence that the risk continues. That requires another hearing. Renewal lengths vary, with most states allowing up to another year. A handful of states let the order stay in place indefinitely unless and until the respondent asks the court to end it.
The respondent does not have to wait out the clock. In most states a respondent can petition for early termination by showing they no longer pose a risk, though some states impose a waiting period first. A 180-day wait is common.
Getting the Firearms Back
When the order expires or is terminated and not renewed, law enforcement returns the seized firearms, provided the respondent is not otherwise prohibited from having them under state or federal law.3The National ERPO Resource Center. Important Considerations for Law Enforcement in States with Extreme Risk Protection Order Laws The background check system is updated to reflect that the ERPO is no longer in force. That “otherwise prohibited” piece is where some people run into trouble. A prior felony conviction, a domestic violence conviction, or another disqualifier means the guns do not come back regardless of what the ERPO file says.