Extreme Risk Protection Orders do not become law until August 24, 2019.
Extreme Risk Protection Orders (ERPO) keep guns away from people who are at a high risk of using them to hurt other people or themselves. It can order someone to:
- Not have (possess) a firearm, rifle or shotgun
- Not buy a firearm, rifle or shotgun
- Not attempt to have or buy a firearm, rifle or shotgun
- Give up any firearms, rifles or shotguns
An ERPO can be ordered by a Judge very quickly.
Who Can Ask for an Extreme Risk Protection Order
A person asking for an ERPO is the petitioner. The petitioner can be:
- Police officers
- District Attorneys
- Family or household members. This includes:
- people legally married or divorced
- people with a child in common, including adopted children
- people related by marriage, like in-laws
- people related by blood, like brothers, parents, cousins
- unrelated people who live, or have lived together for periods of time
- unrelated people in, or were in an intimate relationship (current or former), like same-sex couples and teens who are dating
- School administrators. This includes anyone chosen by the school to start the case, like, teachers, guidance counselors, school psychologist, school nurse and coaches.
The petitioner files a petition to start a case in the Supreme Court. The application for a temporary ERPO is decided by the judge on the same day, and you get a hearing date quickly for the judge to decide if a final ERPO will be ordered for up to 1 year.
What an Extreme Risk Protection Order Can’t Do
An ERPO can’t order a person to:
- Stop threatening or committing abuse
- Stay away from your home, job, or school
- Have no contact with you or others
- Follow custody orders
- Pay child or spousal support
An ERPO has no criminal charges or penalties.
If you need more protection for yourself or a family member, visit Domestic Violence. There are other kinds of Orders of Protection that can take guns away and may be better for protecting you.