Red Flag Laws: Extreme Risk Protection Orders

What an ERPO is

An extreme risk protection order (ERPO), often called a red flag order, is a civil court order that temporarily bars a person from possessing or buying firearms because a court finds the person poses a significant danger to self or others. Who may ask for one, such as family members or police, the standard of proof, and how long an order lasts all differ by state. Most laws allow an emergency order first and then a full hearing.

Which states have them

As of October 2026, 22 states and the District of Columbia have extreme risk laws, according to Everytown and the Giffords Law Center. Maine is the newest: voters approved its law in November 2025, and it took effect in February 2026. The other states 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 and Washington.

Federal funding and due process

The Bipartisan Safer Communities Act of 2022 made $750 million in Byrne JAG grants available for state crisis-intervention programs, including mental health, drug and veterans courts and ERPO programs. ERPO programs funded this way must include, at a minimum, pre-deprivation and post-deprivation due process rights (34 U.S.C. § 10152(a)(1)(I)).

The constitutional question

In United States v. Rahimi, 602 U.S. 680 (2024), the Supreme Court held that “an individual found by a court to pose a credible threat to the physical safety of another may be temporarily disarmed.” That case involved a domestic-violence restraining order, not an ERPO. Courts are still deciding how its reasoning applies to red flag laws.

This guide explains the law in general and reports what courts have held. It is not legal advice. Firearm laws change often and differ by state and city, so check the current law where you are.

Researching red flag laws in your state

To research red flag laws for a real matter, start with the primary sources. For example, read the statute, the rule and the documents in your own file. Then look for recent appellate decisions from your state, because they control how local courts read the law. After that, compare what you found with the federal rules that may also apply. Our state procedures guide and the Research Center can help you find and check each source.

Sources and further reading

Official sources used on this page:

• govinfo.gov
• supremecourt.gov
• everytownresearch.org
• giffords.org

Related reading on Lawtopolis:

• Who Cannot Own a Gun: Prohibited Persons Under 18 U.S.C. § 922(g)
• Second Amendment Supreme Court Cases: Heller to Wolford