Extreme Risk Protection Order (ERPO) laws (also called “red flag” laws) create a civil legal process through which law enforcement officers, concerned family members, and other designated individuals may request that a court grant an order that temporarily restricts a person’s access to firearms when there is evidence that the person poses a risk of harm to self or others if they continue to have such access. These laws create a pathway to remove firearms from dangerous situations, empowering those who recognize warning signs to intervene when someone is in crisis before a tragedy occurs. If a court issues an extreme risk protection order, the individual will be required to temporarily relinquish any firearms already in their possession and will be prohibited from purchasing firearms. Twenty-one states and Washington D.C. have enacted ERPO laws.
Can an ERPO be issued against a minor?
Yes. While every state’s ERPO law is different, most laws allow a petition for an ERPO to be filed against a minor who is exhibiting behavior that indicates a risk of harm to self or others.
What is the practical result if a court issues an ERPO against a minor?
An ERPO will prohibit a minor from possessing and purchasing any guns while it is in effect. However, federal and state minimum age laws also limit the ability of a minor to possess and purchase guns, so an ERPO issued against a minor may have a more limited impact than when it is issued against an adult.
However, the issuance of an ERPO against a minor may result in requiring adult gun owners to secure any firearms in the home because of a separate state law requirement. For example, several states have enacted laws that require gun owners to store guns securely to prevent access to guns by individuals who are legally prohibited from possessing them, such as someone subject to an ERPO. Any gun owner in a state with this type of law that shares a residence with an individual who is subject to an ERPO, including a minor subject to an ERPO, will therefore be required to store guns securely. In addition, nearly all states with ERPO laws also have laws requiring or incentivizing gun owners to securely store their guns to prevent access by minors, regardless of whether an ERPO has been issued. An ERPO issued against a minor may therefore serve as an opportunity to ensure that the adult gun owner is complying with all relevant storage laws.
If an ERPO is issued against a minor, will the parents, guardians, or any adults in the home be required to relinquish any guns they own?
Generally, no. Though ERPO laws vary by state, most laws only require relinquishment of guns that are owned or possessed by the individual who is subject to the ERPO. However, the issuance of an ERPO against a minor can create the opportunity for law enforcement to have a candid discussion with the minor’s parents or guardians about the need to ensure the minor does not have access to guns and to encourage the adults to temporarily store their guns out of the home while the order is in effect, either with a law enforcement agency, licensed gun dealer, or other third party.
Can an ERPO be issued against a parent or guardian who owns guns because the minor poses a risk of harm to self or others?
No. An ERPO may only be issued against the individual who is posing the risk of harm to self or others.
