Under California law, a law enforcement officer or a person’s immediate family member may file a petition for a gun violence restraining order.

An immediate family member is defined as:

• Spouse
• Domestic partner
• Parent
• Child
• Any person who regularly resides in the household
• Anyone related by blood or marriage

To seek a gun violence restraining order, an immediate family member can file an application directly with the court or contact a member of law enforcement to discuss any concerns with them. Law enforcement can then investigate any concerns and then request the gun violence restraining order from the court.

Even if you don’t fall into any of the categories mentioned above, you can still take action in moments of crisis. If you are worried about someone who is showing warning signs of being at risk of self-harm or harming someone else, you can contact a law enforcement officer and ask that they seek a gun violence restraining order.

Once the court receives a request (called a “petition”) for a gun violence restraining order, the court will notify the person and schedule a court hearing to determine whether the order should be issued.

If, at the hearing, a court finds that a person poses a significant risk of suicide or of causing physical injury to another person and that the order is necessary to prevent that harm, the judge can make a court order that requires the person's firearms to be held by law enforcement for as long as the order is in effect, or transfer the person's guns to a licensed gun dealer.

The person will not be able to purchase new firearms while the order is in effect.

A final gun violence restraining order lasts for one year.

At the end of a year, the person who petitioned the court — either law enforcement or an immediate family member — may ask the court to renew the order. The order can only be extended if another hearing is held and the court determines the risk of of harm remains and the renewal order is necessary.

There are two types of short-term orders that can go into effect right away:

Temporary Gun Violence Restraining Order

Concern for the safety of the person, or of the public, may demand that action be taken before the scheduled hearing date, to prevent immediate danger.  

To protect a person or public safety during this time, a judge may issue a temporary gun violence restraining order that restricts a person’s access to firearms before the person has been notified of the petition, and before a full hearing is held.

Emergency Protection Order

In situations where a person poses an immediate and present danger of injury to themselves or others, and there are no other means available to prevent injury, law enforcement may request an emergency order.

The process for such an order is generally similar to temporary orders, with the exception that only law enforcement is eligible to request the order and only in certain circumstances.

Both temporary orders and emergency orders last only until the court hearing on a final (one-year) extreme risk protection order.

Because these orders only stay in place for a short period of time – up to 21 days – they balance the urgent need for public safety with the due process rights of all involved.

No. A gun violence restraining order is a civil court order. Its sole purpose is to remove firearms from a person who poses a danger of causing harm to themselves or to others. The court’s decision to issue the order does not cause the person to have a criminal record.

Under Colorado law, a law enforcement officer or a person’s family or household member may file a petition for an extreme risk protection order.

A family or household member is defined as:

• A person related by blood or marriage,
• A person who has a child in common,
• A dating partner, or
• A person who shares a common dwelling.

To seek an extreme risk protection order, a family or household member can fill out and file the application directly with the court. They can also contact a member of law enforcement to discuss their concerns. Law enforcement can then investigate these concerns and request the extreme risk protection order from the court.

Once the court receives a request (called a “petition”) for an extreme risk protection order, the court will notify the person and schedule a court hearing about whether the order should be issued.  

If, at the hearing, a court finds that a person poses a significant danger of injury to themselves or others with a firearm, the judge will issue a court order that requires the person’s firearms to be held by law enforcement or a licensed firearms dealer for as long as the order is in effect.

Also, the person will not be able to purchase new firearms while the order is in effect.

A final extreme risk protection order lasts for one year. At the end of one year, the person who petitioned for the order, another family or household member, or law enforcement officer may ask the court to renew it. The order can only be extended after a court hearing.

Concern for the safety of the person, or the public, may demand that action be taken before the scheduled hearing date, to prevent immediate danger.  

To protect a person or public safety during this time, a judge may issue an emergency extreme risk protection order that restricts a person’s access to firearms before the person has been notified of the petition, and before a full hearing is held.

This temporary order only lasts until the court hearing on a final extreme risk protection order. Because the emergency extreme risk protection order only stays in place for a short period of time – up to 14 days – it balances the urgent need for public safety with the due process rights of all involved.

No. An extreme risk protection order is a civil court order. Its sole purpose is to remove firearms from a person who is at high risk of causing harm to themselves or to others. The court’s decision to issue the order does not cause the person to have a criminal record.

Under Connecticut law, prosecutors, police officers, medical professionals, or family and household members may initiate the process to seek a risk protection order. This includes both state and local police officers.

To seek a firearm seizure order, a family or household member or a medical professional can apply to the court to request an order requiring law enforcement to conduct an investigation.  If law enforcement finds probable cause that the person is at risk of causing imminent physical injury to themselves or others, law enforcement will petition the court for a firearm seizure order.

Once the court receives a request from the prosecutor or police officer and issues a firearm seizure order, it will order the police to search for and take possession of  the person’s firearms within a reasonable time. The person will be notified that they have a right to a court hearing within 14 days. 

During the hearing, the court decides whether the firearms should continue to be held or whether they should be returned to the person. If the court finds that the person poses a risk of imminent personal injury to themselves or others, the court will order law enforcement to continue to hold the person’s guns for as long as the order remains in effect. If a person’s guns are held after the hearing, they may then choose to transfer the firearms to a federally licensed firearms dealer.

Also, the person will not be able to purchase new firearms.

No. A firearm seizure order is a civil court order. Its sole purpose is to remove firearms from a person who is at high risk of causing harm to themselves or to others. The court’s decision to issue the order does not cause the person to have a criminal record.

Under Delaware law, a law enforcement officer or a person’s family member may file a petition for a lethal violence protective order.

A person’s family member is defined as:  

• Spouse
• Intimate partner
• Parent
• Child
• Other family member, related by blood or marriage, living in the same household
• Dating partners

To seek a lethal violence protective order, an immediate family member can file an application directly with the court or contact a member of law enforcement to discuss any concerns with them. Law enforcement can then investigate any concerns and then request the lethal violence protective order from the court.

Even if you don’t fall into any of the categories mentioned above, you can still take action in moments of crisis. If you are worried about someone who is showing warning signs of being at risk of self-harm or harming someone else, you can contact a law enforcement officer and ask that they seek a lethal violence protective order.

Once the court receives a request (called a “petition”) for a lethal violence protective order, the court will notify the person and schedule a court hearing to decide whether the order should be issued.

If, at the hearing, a court finds that a person poses an immediate and present danger of suicide or of causing physical injury to another person, the judge will issue a court order that requires the person’s firearms to be held by law enforcement for as long as the order is in effect. Under certain circumstances, the person may choose to transfer their guns to a third party who is legally allowed to hold them.

Also, the person will not be able to purchase new firearms while the order is in effect, and the court may prohibit the person from residing with someone who possesses firearms.

A final lethal violence protective order lasts for one year.

At the end of an order, law enforcement or the person’s family member may ask the court to renew the order. The order can only be extended after a court hearing.

Concern for the safety of the person, or of the public, may demand that action be taken before the scheduled hearing date, to protect against the threat of immediate danger.

At the request of law enforcement, a judge may issue a temporary lethal violence protective order that restricts a person’s access to firearms before the person has been notified of the petition, and before a full hearing is held.

A temporary order only lasts until the court hearing, and will only be issued if the judge has determined that the temporary order is necessary to prevent immediate danger.

Because temporary orders only stay in place for a short period of time – up to 15 days – these orders balance the urgent need for public safety with the due process rights of all involved.

No. A lethal violence protective order is a civil court order. Its sole purpose is to remove firearms from a person who is at high risk of causing harm to themselves or to others. The court’s decision to issue the order does not cause the person to have a criminal record.

Under DC law, a law enforcement officer, a person’s family member or dating partner, or a mental health professional may file a petition for an extreme risk protection order.

A family member is defined as:

• Spouse
• Domestic partner
• Parent
• Child
• Any person who regularly resides in the household
• Anyone related by blood, marriage, adoption, or guardianship
• Anyone in a romantic, dating, or sexual relationship

Even if you don’t fall into any of the categories mentioned above, you can still take action in moments of crisis. If you are worried about someone who is showing warning signs of being at risk of self-harm or harming someone else, you can contact a law enforcement officer and ask that they seek an extreme risk protection order.

To seek an extreme risk protection order, a petitioner can file an application directly with the Superior Court or contact a member of law enforcement to discuss any concerns with them.  Law enforcement can then investigate any concerns and then request the extreme risk protection order from the Superior Court.

Once the court receives a request (called a “petition”) for an extreme risk protection order, the court will notify the person and schedule a court hearing within 10 days to determine whether the order should be issued.

If, at the hearing, a court finds that a person poses a  significant danger of suicide or of causing bodily injury to another person by having guns, the judge will make a court order that requires the person's firearms to be held by law enforcement for as long as the order is in effect.  

The person will not be able to purchase new firearms while the order is in effect.

A final extreme risk protection order lasts for one year.

At the end of a year, the person who petitioned the court —either law enforcement, a family member, or a mental health professional — may ask the court to renew the order. The order can only be extended if another hearing is held and the court determines the risk of harm remains and the renewal order is necessary.

Concern for the safety of the person, or of the public, may demand that action be taken before the scheduled hearing date, to prevent immediate danger.  

To protect a person or public safety during this time, a judge may issue an emergency extreme risk protection order that restricts a person’s access to firearms before the person has been notified of the petition, and before a full hearing is held.

Emergency extreme risk protection orders last only until the court hearing on a final (one-year) extreme risk protection order.

Because these orders only stay in place for a short period of time – up to 10 days– they balance the urgent need for public safety with the due process rights of all involved.

No. An extreme risk protection order is a civil court order. Its sole purpose is to remove firearms from a person who poses a danger of causing harm to themselves or to others. The court’s decision to issue the order does not cause the person to have a criminal record.

Under Florida law, only a law enforcement officer or agency may file a petition for a risk protection order.

If you are concerned that someone you know is at risk of harming themself or others, your first step should be to contact a member of law enforcement and discuss your concerns with them. Law enforcement can then investigate your concerns and request the risk protection order from the court.

Once the court receives a request (called a “petition”) for a risk protection order, the court will notify the person and schedule a court hearing about whether the order should be issued.

If, at the hearing, a court finds that a person poses a significant danger of causing injury to themselves or others by having access to firearms or ammunition, the judge can issue a court order that requires the person’s firearms to be held by law enforcement for as long as the order is in effect. Under certain circumstances, the person may choose to transfer their guns being held by law enforcement to a third party who is legally allowed to hold them.

Also, the person will not be able to purchase new firearms while the order is in effect.

A final risk protection order lasts for a period of up to one year. At the end of the year, law enforcement may ask the court to renew the order. The order can only be extended after a court hearing.

Concern for the safety of the person, or of the public may demand that action be taken before the scheduled hearing date, to prevent immediate danger.  

To protect a person or public safety during this time, a judge may issue a temporary risk protection order that restricts a person’s access to firearms before the person has been notified of the petition, and before a full hearing is held.

A temporary order only lasts until the court hearing on a final risk protection order.

Because temporary orders only stay in place for a short period of time – up to 14 days – these orders balance the urgent need for public safety with the due process rights of all involved.

No. A risk protection order is a civil court order. Its sole purpose is to remove firearms from a person who is at high risk of causing harm to themselves or to others. The court’s decision to issue the order does not cause the person to have a criminal record.

Under Hawaii law, a law enforcement officer, medical professional, educator, or colleague,  or a person’s family or household member may file a petition for a gun violence protective order. 

A family or household member is defined as: 

• Parent
• Child
• Current or former spouse
• Intimate partner
• Someone who has a child in common with the person
• Legal guardian 
• A person living in the same household.

To seek a gun violence protective order, a family or household member can fill out and file the application directly with the court. Family or household members can also contact a member of law enforcement, such as a police officer or district Attorney to discuss any  concerns. , Family members can also work with medical professionals, educators, or colleagues when a person in crisis presents warning signs. Law enforcement, educators, medical professionals, or colleagues can then investigate these concerns and request the gun violence protective order from the court.

Even if you don’t fall into any of the categories mentioned above, you can still take action in moments of crisis. If you are worried about someone who is showing warning signs of being at risk of self-harm or harming someone else, you can contact a law enforcement officers and ask that they seek an extreme risk protection order.

The court will hear a request (called a “petition”) for a temporary gun violence protective order on the day the petition is filed.  

If the court grants the order, it will notify the person. The court will then schedule a hearing no later than fourteen days after the order is granted, at which the court determines whether to end the order or continue the order for one year. 

At the hearing, if the court finds that a person is likely to engage in conduct that would result in serious harm to himself, herself or others, the judge can issue a court order that requires the person’s firearms to be held by law enforcement for as long as the order is in effect.

Also, the person will not be able to purchase new firearms while the order is in effect.

If a court issues a temporary gun violence protective order, the person’s access to firearms will be restricted until the hearing is held. If the court does not issue a temporary order, the person’s access to firearms will not be affected unless and until the court issues a final order after the hearing. 

Because the person who is subject to a temporary order is entitled to a hearing no later than 14 days after the order is issued, these orders balance the urgent need for public safety with the due process rights of all involved.

A temporary gun violence protective order lasts up to 14 days. A final gun violence protective order lasts for one year. At the end of that year, law enforcement, the person’s family or household member, an educator, a colleague, or a medical professional may ask the court to renew the order. The order can only be extended after a court hearing.

No. A gun violence protective order is a civil court order. Its sole purpose is to remove firearms from a person who is at high risk of causing harm to themselves or to others. The court’s decision to issue the order does not cause the person to have a criminal record.

Under Illinois law, a law enforcement officer or a person’s family member may file a petition for a firearm restraining order.

A family member is defined as:

• A person related by blood or marriage
• A person who shares a common dwelling

To seek a firearms restraining order, a family or household member can fill out and file the application directly with the court. They can also contact a member of law enforcement to discuss their concerns. Law enforcement can then investigate these concerns and request the firearms restraining order from the court.

Even if you don’t fall into any of the categories mentioned above, you can still take action in moments of crisis. If you are worried about someone who is showing warning signs of being at risk of self-harm or harming someone else, you can contact a law enforcement officer and ask that they seek a firearms restraining order.

Once the court receives a request (called a “petition”) for a firearms restraining order, the court will notify the person and schedule a court hearing about whether the order should be issued.  

If, at the hearing, a court finds that a person poses a significant danger of injury to themselves or others with a firearm, the judge can issue a court order that requires the person’s firearms to be held by law enforcement for as long as the order is in effect. Under certain circumstances, the person may choose to transfer their guns being held by law enforcement to a third party who is legally allowed to hold them.

Also, the person will not be able to purchase new firearms while the order is in effect.

A final firearms restraining order lasts for six months. At the end of six months, the person who petitioned for the order may ask the court to renew it. The order can only be extended after a court hearing.

Concern for the safety of the person, or the public, may demand that action be taken before the scheduled hearing date, to prevent immediate danger.  

To protect a person or public safety during this time, a judge may issue an emergency firearms restraining order that restricts a person’s access to firearms before the person has been notified of the petition, and before a full hearing is held.

This temporary order only lasts until the court hearing on a final firearms restraining order. Because the emergency firearms restraining order only stays in place for a short period of time – up to 14 days – it balances the urgent need for public safety with the due process rights of all involved.

No. A firearms restraining order is a civil court order. Its sole purpose is to remove firearms from a person who is at high risk of causing harm to themselves or to others. The court’s decision to issue the order does not cause the person to have a criminal record.

Under Indiana law, only law enforcement officers may file a petition for a firearm search and seizure order.

If you are concerned that someone you know is at risk of harming themself or others, your first step should be to contact a member of a police department and discuss your concerns with them. Police officers can then investigate your concerns and request the firearm search and seizure order from the court.

In requesting a firearm search and seizure order, a law enforcement officer must make a sworn statement to a court that a person presents an imminent risk of injury to themselves or others, and that the person possesses a firearm. If the judge determines that a person is dangerous and possess firearms, they will order a police officer to search for and take possession of that person’s firearms.

The court must then hold a hearing within 14 days to decide whether to hold the firearms, or to return them to the person.

The initial seizure period only lasts until the court hearing, at which the court will decide whether the firearms should be held by law enforcement or whether they should be returned to the person. At the hearing, the person has the opportunity to contest the order.

Because the initial seizure period lasts for a limited time – up to 14 days – search and seizure orders balance the urgent need for public safety with the due process rights of all involved.

If, after the hearing, the court doesn’t return the guns to the person, the guns will be held for at least six months. After six months, the person can request that they be returned. If the person does not make that request, their guns are held indefinitely.

No. A firearm search and seizure order is a civil court order. Its sole purpose is to remove firearms from a person who is at high risk of causing harm to themselves or to others. The court’s decision to issue the order does not cause the person to have a criminal record.

Under Maryland law, a person’s family or household member or dating partner, a law enforcement officer, or a doctor or mental health professional who has examined the person may file a petition for an extreme risk protective order.

A family or household member is defined as:

• Spouse
• A person related by blood, marriage, or adoption
• Someone who has a child in common with the person
• Current or former legal guardian
• A person who lives in the same dwelling

To seek an extreme risk protective order, a family or household member can fill out and file the application directly with the court, or they can contact a member of law enforcement. Law enforcement can then investigate the concerns and request the extreme risk protective order from the court.

Even if you don’t fall into any of the categories mentioned above, you can still take action in moments of crisis. If you are worried about someone who is showing warning signs of being at risk of self-harm or harming someone else, you can contact a law enforcement officer and ask that they seek an extreme risk protective order.

When the court receives a request (called a “petition”) for an extreme risk protection order it will hold a hearing to decide whether to issue a temporary extreme risk protective order.

The temporary order restricts a person’s access to firearms before the person has been notified of the petition, and before a full hearing is held. If court is not in session, a court commissioner can issue an interim protective order. When a commissioner receives a petition, whether or not they issue an interim order, the court must hear the petition the next day that it is open.

After a court reviews a petition, it will schedule a hearing to determine whether to issue a final extreme risk protective order. If a court finds that a person poses a danger of causing injury to themselves or others with a firearm, the judge will issue a court order that requires the person’s firearms to be held by law enforcement for as long as the order is in effect. Under certain circumstances, the person may choose to transfer their guns that are being held by law enforcement to a firearms dealer or a third party who is legally allowed to own them.

When considering a petition, a judge can also issue an order referring the person for an emergency mental health evaluation.

Also, the person will not be able to purchase new firearms while the order is in effect.

A temporary order only lasts until the court hearing on a final extreme risk protection order. Because temporary orders only stay in place for a short period of time – generally up to 7 days – these orders balance the urgent need for public safety with the due process rights of all involved.

A final extreme risk protective order can remain in effect for up to a year.

At the end of an order, a petitioner (someone who is allowed to request the order) may ask the court to renew the order for an additional six months. The order can only be extended after a court hearing.

No. An extreme risk protective order is a civil court order. Its sole purpose is to remove firearms from a person who is at high risk of causing harm to themselves or to others. The court’s decision to issue the order does not cause the person to have a criminal record.

Under Massachusetts law, a person’s family or household member, or a law enforcement officer may file a petition for an ERPO.

A family or household member is defined as:

• Current or former spouse or fiancée
• Someone related by blood or marriage
• Someone who has a child in common with the person
• Dating partner
• Current or former cohabitant

To seek an ERPO a family or household member can fill out and file the application directly with the court or contact a member of law enforcement and discuss any concerns with them. Law enforcement can then investigate these concerns and request the ERPO from the court.

Even if you don’t fall into any of the categories mentioned above, you can still take action in moments of crisis. If you are worried about someone who is showing warning signs of being at risk of self-harm or harming someone else, you can contact a law enforcement officer and ask that they seek an extreme risk protection order.

Once the court receives a request (called a “petition”) for an ERPO, it will schedule a hearing, which must be held within ten days, to decide whether to issue the order.

If a court finds that a person poses a risk of causing bodily injury to themselves or others with a firearm, the judge can issue a court order that requires the person's firearms and any firearms license to be held by the licensing authority for as long as the order is in effect. Under certain circumstances, the person may choose to transfer their guns to a third party who is legally allowed to own them.

Also, the person will not be able to purchase new firearms while the order is in effect.

A final ERPO lasts for up to one year.

At the end of an order, a family or household member, or law enforcement, may ask the court to renew the order for up to an additional year. The order can only be extended after a full court hearing at which the person requesting the renewal must show that the risk of harm remains.

There are two types of orders that can go into effect right away:

Temporary ERPO

To protect a person or public safety until a full hearing is held, the court may issue a temporary ERPO that immediately restricts a person’s access to firearms. Temporary orders can only be issued if the judge determines they are necessary to prevent an imminent risk of harm.

Emergency ERPO

If court is closed when a petition is filed, a justice may issue an emergency order, which can be granted over the phone. These orders generally last no more than a day, at which point a judge will consider the petition.

Temporary orders remain can remain in effect for no longer than 10 days, at which point a full hearing must be held, at which all parties have an opportunity to be heard.

Emergency orders remain in effect only until the next day the court is open, at which point a written petition must be filed and a temporary order can be granted.  

Because temporary orders only stay in place for a short period of time –  no more than 10 days – this process balances the urgent need to protect public safety with the due process rights of all involved.

No. An ERPO is a civil court order. Its sole purpose is to temporarily restrict a person’s access to firearms if they pose a serious risk of causing harm to themselves or to others. The court’s decision to issue the order does not cause the person to have a criminal record.

Under Nevada law, a law enforcement officer or a person’s family or household member may file a petition for an order for protection against high-risk. 

An immediate family member is defined as:

• Spouse
• Domestic partner
• Parent
• Child
• Any person who regularly resides in the household 
• Any person who has a child in common with the adverse party
• Any person who is acting, or who has acted as a guardian to the 
• Anyone related by blood or marriage

To seek an order, a family or household member can file an application directly with the court or contact a member of law enforcement to discuss any concerns with them.  Law enforcement can then investigate any concerns and then request the order from the court.

Access Nevada High-Risk Protection Order Application Forms here

Once the court receives a request (called a “petition”) for an order for protection against high-risk behavior, the court will notify the person and schedule a court hearing to determine whether the order should be issued. 

If, at the hearing, a court finds that a person poses a  significant risk of suicide or of causing physical injury to another person and that the order is necessary to prevent that harm, the judge can make a court order that requires the person's firearms to be held by law enforcement for as long as the order is in effect, or transfer the person's guns to a licensed gun dealer.  

The person will not be able to purchase new firearms while the order is in effect.

A final order for protection against high-risk behavior lasts for up to one year. 

At the end of a year, the person who petitioned the court —either law enforcement or a family or household member — may ask the court to renew the order. The order can only be extended if another hearing is held and the court determines the risk of harm remains and the renewal order is necessary.

Concern for the safety of the person, or of the public,  may demand that action be taken before the scheduled hearing date, to prevent immediate danger.  

To protect a person or public safety during this time, a judge may issue a temporary order that restricts a person’s access to firearms before the person has been notified of the petition, and before a full hearing is held.

Temporary orders last only until the court hearing on a final (one-year) extreme risk protection order.  

Because these orders only stay in place for a short period of time – up to 7 days– they balance the urgent need for public safety with the due process rights of all involved.

No. An order for protection against high-risk behavior is a civil court order. Its sole purpose is to remove firearms from a person who poses a danger of causing harm to themselves or to others. The court’s decision to issue the order does not cause the person to have a criminal record.

Under New Jersey law, a law enforcement officer or person’s family or household member may file a petition for an extreme risk protective order. 

A person’s family or household member is defined as:  

• Current or former spouse
• Current or former domestic partner
• Current or former dating partner
• Any  person who currently or has previously resided in the household with the person 
• Anyone with a child-in-common with the person

To seek an extreme risk protective order, a family or household member can fill out and file the application directly with the court. Family or household members can also contact a member of law enforcement, such as a police officer or District Attorney to discuss any  concerns. Law enforcement can then investigate these concerns and request the extreme risk protective order from the court.

Even if you don’t fall into any of the categories mentioned above, you can still take action in moments of crisis. If you are worried about someone who is showing warning signs of being at risk of self-harm or harming someone else, you can contact a law enforcement officer and ask that they seek an extreme risk protection order.

The court will hear a request (called a “petition”) for an extreme risk protection order as quickly as possible once it is filed.  

If the court grants a temporary order, it will notify the person. The court will then schedule a hearing at which the court determines whether to end the order or issue an extended order. The court will hold a hearing within 10 days after the petition is filed.  

At the hearing, if the court finds that a person poses a significant danger of harming themselves or others by having access to guns, the judge will issue a court order that requires the person’s firearms to be held by law enforcement for as long as the order is in effect.

Also, the person will not be able to purchase new firearms while the order is in effect.

If a court issues a temporary extreme risk protection order, the person’s access to firearms will be restricted until the hearing is held. If the court does not issue a temporary order, the person’s access to firearms will not be affected unless and until the court issues a final order after the hearing. 

Because the person who is subject to a temporary order is entitled to a hearing no later than 10 days after a petition is filed, these orders balance the urgent need for public safety with the due process rights of all involved.

A temporary extreme risk protection order lasts until a hearing, which must be held no more than 10 days after a petition is filed. A final extreme risk protection order remains in effect until the petitioner or person subject to the order asks the court to terminate the order. Before an order is terminated, the court must find that the person no longer poses a significant threat of harming themselves or others by having access to guns.

No. An extreme risk protection order is a civil court order. Its sole purpose is to remove firearms from a person who is at high risk of causing harm to themselves or to others. The court’s decision to issue the order does not cause the person to have a criminal record.

Under New Mexico law, a law enforcement officer may file a petition for an extreme risk protection order.  However, a “reporting party” may request that law enforcement file a petition.  

A reporting party includes the following: 

• Spouse/former spouse
• Intimate partner
• Parent/former stepparent/present or former parent-in-law
• Child
• Grandparent/grandparent-in-law
• Employer or public or private school administrator

To seek an extreme risk protection order, a reporting party can contact a member of law enforcement to discuss any concerns.  Law enforcement can then investigate these concerns and request the extreme risk protection order from the court.

The court will hear a request (called a “petition”) for an extreme risk protection order on the day the petition is filed or on the next day the court is open.  

If the court grants the order, it will notify the person. The person will then have 30 days to request a court hearing, at which the court determines whether to end the order or continue the order for one year. 

If a hearing is requested, it will occur within 10 days.  At the hearing, if the court finds that a person presents a risk in the near future of suicide or of causing physical injury to another person, the judge can issue a court order that requires the person’s firearms to be held by law enforcement or a federally licensed firearms dealer for as long as the order is in effect.

Also, the person will not be able to purchase new firearms while the order is in effect.

No. If a court issues the extreme risk protection order, the person’s access to firearms will be restricted until the hearing is held.  Because the person is entitled to a hearing within 10 days of the request, these orders balance the urgent need for public safety with the due process rights of all involved.

A final extreme risk protection order lasts for up to one year. At the end of the order, law enforcement either on their own or through a reporting party may ask the court to renew the order. The order can only be extended after a court hearing.

No.  An extreme risk protection order is a civil court order. Its sole purpose is to remove firearms from a person who is at high risk of causing harm to themselves or to others. The court’s decision to issue the order does not cause the person to have a criminal record.

Under New York law, a law enforcement officer; a school administrator at the person’s school (or their designee);  certain types of licensed healthcare providers*;  or a person’s family or household member may file a petition for an extreme risk protection order. 

A family or household member is defined as: 

• Current or former spouse
• Intimate partner
• Anyone related by blood or marriage, or
• A person living in the same household.

* These types of healthcare providers can file a petition for an extreme risk protection order, if they have treated the person as a patient within the last six months: 

• licensed physician
• licensed psychiatrist
• licensed psychologist
• registered nurse
• licensed clinical social worker
• certified clinical nurse specialist
• certified nurse practitioner
• licensed clinical marriage and family therapist
• registered professional nurse
• licensed master social worker
• licensed mental health counselor

To seek an extreme risk protection order,  if you fall into one of the categories listed above, you can file the application directly with the court. Family or household members can also contact a member of law enforcement, such as a police officer or District Attorney to discuss any  concerns. Family members can also work with school administrators when a person in crisis presents warning signs at their school. Law enforcement or the school administrator can then investigate these concerns and request the extreme risk protection order from the court.

Even if you don’t fall into any of the categories mentioned above, you can still take action in moments of crisis. If you are worried about someone who is showing warning signs of being at risk of self-harm or harming someone else, you can contact a law enforcement officer and ask that they seek an extreme risk protection order.

The court will hear a request (called a “petition”) for a temporary extreme risk protection order on the day the petition is filed.  

If the court grants the order, it will notify the person. The court will then schedule a hearing no later than six days after the order is granted, at which the court determines whether to end the order or continue the order for one year. In cases where no temporary order is issued, the court will hold a hearing within 10 business days.  

At the hearing, if the court finds that a person is likely to engage in conduct that would result in serious harm to himself, herself or others, the judge can issue a court order that requires the person’s firearms to be held by law enforcement for as long as the order is in effect.

Also, the person will not be able to purchase new firearms while the order is in effect.

If a court issues a temporary extreme risk protection order, the person’s access to firearms will be restricted until the hearing is held. If the court does not issue a temporary order, the person’s access to firearms will not be affected unless and until the court issues a final order after the hearing. 

Because the person who is subject to a temporary order is entitled to a hearing no later than 6 days after the order is issued, these orders balance the urgent need for public safety with the due process rights of all involved.

A temporary extreme risk protection order lasts between 3 and 6 days. A final extreme risk protection order lasts for one year. At the end of that year, law enforcement, the person’s family or household member or a school administrator may ask the court to renew the order. The order can only be extended after a court hearing.

No. An extreme risk protection order is a civil court order. Its sole purpose is to remove firearms from a person who is at high risk of causing harm to themselves or to others. The court’s decision to issue the order does not cause the person to have a criminal record.

Under Oregon law, a law enforcement officer or a person’s family or household member may file a petition for an extreme risk protection order.

A family or household member is defined as:

• Spouse
• Intimate partner
• Parent
• Child
• Sibling
• A person living in the same household.

To seek an extreme risk protection order, a family or household member can fill out and file the application directly with the court or contact a member of law enforcement to discuss any concerns. Law enforcement can then investigate these concerns and request the extreme risk protection order from the court.

Even if you don’t fall into any of the categories mentioned above, you can still take action in moments of crisis. If you are worried about someone who is showing warning signs of being at risk of self-harm or harming someone else, you can contact a law enforcement officer and ask that they seek an extreme risk protection order.

The court will hear a request (called a “petition”) for an extreme risk protection order on the day the petition is filed or on the next day the court is open.  

If the court grants the order, it will notify the person. The person will then have 30 days to request a court hearing, at which the court determines whether to end the order or continue the order for one year.

If a hearing is requested, it will occur within 21 days. At the hearing, if the court finds that a person presents a risk in the near future of suicide or of causing physical injury to another person, the judge can issue a court order that requires the person’s firearms to be held by law enforcement, a federally licensed firearms dealer, or a third party who is legally allowed to possess the firearm for as long as the order is in effect.

Also, the person will not be able to purchase new firearms while the order is in effect.

No. If a court issues the extreme risk protection order, the person’s access to firearms will be restricted until the hearing is held. Also, if the person does not request a hearing within 30 days, the extreme risk protection order is automatically extended and made effective for one year.

Because the person is entitled to a hearing within 21 days of request, these orders balance the urgent need for public safety with the due process rights of all involved.

A final extreme risk protection order lasts for one year. At the end of a year, law enforcement or the person’s family or household member may ask the court to renew the order. The order can only be extended after a court hearing.

No. An extreme risk protection order is a civil court order. Its sole purpose is to remove firearms from a person who is at high risk of causing harm to themselves or to others. The court’s decision to issue the order does not cause the person to have a criminal record.

Under Rhode Island law, only a law enforcement officer may file a petition for an extreme risk protection order. This includes officers in the police department of any city or town in Rhode Island, or an officer of the Rhode Island State Police.

The first step when seeking an extreme risk protection order is to contact a member of law enforcement and discuss your concerns with them. Law enforcement can then investigate your concerns and request the extreme risk protection order from the court.

Once the court receives a request (called a “petition”) for an extreme risk protection order, the court will notify the person and schedule a court hearing about whether the order should be issued.  

If, at the hearing, a court finds that a person poses a significant danger of causing imminent injury to themselves or others with a firearm, the judge can make a court order that requires the person’s firearms to be held by law enforcement for as long as the order is in effect. The person may choose to transfer their firearms being held by law enforcement to a licensed gun dealer or to a third party who is legally allowed to hold them.

Also, the person will not be able to purchase new firearms while the order is in effect.

A final extreme risk protection order lasts for one year. At the end of a year, law enforcement may ask the court to renew the order. The order can only be extended after a court hearing.

Concern for the safety of the public or of the person may demand that action be taken before the scheduled hearing date, to prevent immediate danger.  

To protect a person or public safety during this time, a judge may issue a temporary extreme risk protection order that restricts a person’s access to firearms before the person has been notified of the petition, and before a full hearing is held. A temporary order will only be issued if the judge has determined that it’s  necessary to prevent imminent danger.

A temporary order only lasts until the court hearing on a final extreme risk protection order. Because temporary orders only stay in place for a short period of time – up to 14 days – these orders balance the urgent need for public safety with the due process rights of all involved.

No. An extreme risk protection order is a civil court order. Its sole purpose is to remove firearms from a person who is at high risk of causing harm to themselves or to others. The court’s decision to issue the order does not cause the person to have a criminal record.

Under Vermont law, only prosecutors - a State’s Attorney or the Office of the Attorney General - may file a petition for an extreme risk protection order. However, the process generally includes the assistance of law enforcement, who can work with prosecutors and concerned members of the public to file petitions.

The first step when seeking an extreme risk protection order is to contact a member of law enforcement and discuss your concerns with them. Law enforcement can then investigate your concerns and work with prosecutors to request the extreme risk protection order from the court.

Once the court receives a request (called a “petition”) for an extreme risk protection order, the court will notify the person and schedule a court hearing about whether the order should be issued.  

If, at the hearing, the court finds that a person presents a risk in the near future of suicide or of causing physical injury to another person, the judge can issue a court order that requires the person’s firearms to be held by law enforcement, a federally licensed firearms dealer, or a third party approved by the court, for as long as the order is in effect.

Also, the person will not be able to purchase new firearms while the order is in effect.

A final extreme risk protection order lasts for up to six months. At the end of that time, a renewal of the order may be requested. The order can only be extended after a court hearing.

Concern for the safety of the public or of the person may demand that action be taken before the scheduled hearing date, to prevent immediate danger.  

To protect a person or public safety during this time, a judge may issue a temporary extreme risk protection order that restricts a person’s access to firearms before the person has been notified of the petition, and before a full hearing is held. A temporary order will only be issued if the judge has determined that the temporary order is necessary to prevent imminent danger.

A temporary order only lasts until the court hearing on a final extreme risk protection order.

Because temporary orders only stay in place for a short period of time – up to 14 days – these orders balance the urgent need for public safety with the due process rights of all involved.

No. An extreme risk protection order is a civil court order. Its sole purpose is to remove firearms from a person who is at high risk of causing harm to themselves or to others. The court’s decision to issue the order does not cause the person to have a criminal record.

Under Virginia law, only a law enforcement officer or a Commonwealth’s attorney may file a petition for a substantial risk order. 

If you are concerned that someone you know is at risk of harming themself or others, your first step should be to contact a member of law enforcement and discuss your concerns with them.  Law enforcement can then investigate your concerns and request the substantial risk order from the court.

Concern for the safety of the person, or of the public may demand that action be taken before the scheduled hearing date, to prevent immediate danger.  So once the court receives a request (called a “petition”) for a substantial risk order, the court will determine whether to issue an emergency order.

If, after reviewing a petition, the court determines that it’s necessary to protect a person or public safety during this time, a judge will issue an emergency substantial risk order that restricts a person’s access to firearms before a full hearing is held. An emergency order only lasts until the court hearing on a final substantial risk order, which must be held within 14 days. 

Because temporary orders only stay in place for a short period of time – up to 14 days– these orders balance the urgent need for public safety with the due process rights of all involved

If an emergency order is issued, the court will notify the person and schedule a court hearing about whether a final substantial risk order should be issued. 

If at the hearing,  a court finds that a person poses a substantial risk of causing injury to themselves or others by having access to firearms, the judge will issue a court order that prohibits the person from having firearms in their possession for as long as the order is in effect and advises them to relinquish any firearms currently in their possession to law enforcement. Under certain circumstances, the person may, if permitted by the court, transfer their guns being held by law enforcement to a third party who is legally allowed to hold them. 

A final substantial risk order lasts for a period of up to six months. At the end of the six months, law enforcement may ask the court to extend the order. The order can only be extended after a court hearing.

No. A substantial risk protection order is a civil court order. Its sole purpose is to remove firearms from a person who is at high risk of causing harm to themselves or to others. The court’s decision to issue the order does not cause the person to have a criminal record.

Under Washington law, a law enforcement officer or person’s family or household member may file a petition for an extreme risk protection order.

A person’s family or household member is defined as:  

• Spouse
• Domestic partner
• Dating partner
• Parent
• Child
• Any person related by blood
• Any  person who has resided in the household within the last year

To seek an extreme risk protection order, a family or household member can file an application directly with the court or contact a member of law enforcement to discuss any concerns with them. Law enforcement can then investigate any concerns and then request the extreme risk protection order from the court.

Even if you don’t fall into any of the categories mentioned above, you can still take action in moments of crisis. If you are worried about someone who is showing warning signs of being at risk of self-harm or harming someone else, you can contact a law enforcement officer and ask that they seek an extreme risk protection order.

Once the court receives a request (called a “petition”) for an extreme risk protection order, the court will notify the person and schedule a court hearing about whether the order should be issued.  

If, at the hearing, a court finds that a person presents a risk in the near future of suicide or of causing physical injury to another person, the judge can issue a court order that requires the person’s firearms to be held by law enforcement for as long as the order is in effect.

Also, the person will not be able to purchase new firearms while the order is in effect.

A final extreme risk protection order lasts for one year. At the end of a year, the person who petitioned the court (either law enforcement or a family/household member), may ask the court to renew the order. The order can only be extended after a court hearing.

Concern for the safety of the public or of the person may demand that action be taken before the scheduled hearing date, to prevent immediate danger.  

To protect a person or public safety during this time, a judge may issue a temporary extreme risk protection order that restricts a person’s access to firearms before the person has been notified of the petition, and before a full hearing is held. The order is only issued if the judge has determines that it’s  necessary to prevent danger of injury in the near future.

A temporary order only lasts until the court hearing on a final extreme risk protection order.

Because temporary orders only stay in place for a short period of time – up to 14 days – these orders balance the urgent need for public safety with the due process rights of all involved.

No. An extreme risk protection order is a civil court order. Its sole purpose is to remove firearms from a person who poses a danger of causing injury to themselves or to others. The court’s decision to issue the order does not cause the person to have a criminal record.