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Extreme Risk Laws

Solutions

Extreme Risk Laws

What does it solve?

When a person is in crisis and considering harming themselves or others, family members and law enforcement are often the first people to see the warning signs. Extreme Risk laws, sometimes referred to as “Red Flag” laws, allow loved ones or law enforcement to intervene by petitioning a court for an order to temporarily prevent someone in crisis from accessing guns.

These laws can help de-escalate emergency situations. Extreme Risk laws are a proven way to intervene before gun violence—such as a gun suicide or mass shooting—takes more lives.

If you or someone you know is in crisis, please call the National Suicide Prevention Lifeline at 1-800-273-TALK(8255), or text HOME to 741741 to reach the Crisis Text Line for free from anywhere in the US.

Extreme Risk Law

Which states have Extreme Risk laws?

AL AK AZ AR CA CO CT DE FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WY

Extreme Risk Law

Alabama has not adopted this policy

Extreme Risk Law

Alaska has not adopted this policy

Extreme Risk Law

Arizona has not adopted this policy

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Arkansas has not adopted this policy

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California has adopted this policy

Who may petition for an order?
Law enforcement, immediate family members, employers, coworkers, and employees/teachers

Extreme Risk Law

Colorado has adopted this policy

Who may petition for an order?
Law enforcement and family/household members

Extreme Risk Law

Connecticut has adopted this policy

Who may petition for an order?
Law enforcement, family/household members, and medical professionals

Extreme Risk Law

Delaware has adopted this policy

Who may petition for an order?
Law enforcement and family members

Extreme Risk Law

Florida has adopted this policy

Who may petition for an order?
Law enforcement only

Extreme Risk Law

Georgia has not adopted this policy

Extreme Risk Law

Hawaii has adopted this policy

Who may petition for an order?
Law enforcement, family/household members, medical professionals, educators, and colleagues

Extreme Risk Law

Idaho has not adopted this policy

Extreme Risk Law

Illinois has adopted this policy

Who may petition for an order?
Law enforcement and family members

Extreme Risk Law

Indiana has adopted this policy

Who may petition for an order?
Law enforcement only

Extreme Risk Law

Iowa has not adopted this policy

Extreme Risk Law

Kansas has not adopted this policy

Extreme Risk Law

Kentucky has not adopted this policy

Extreme Risk Law

Louisiana has not adopted this policy

Extreme Risk Law

Maine has not adopted this policy

Extreme Risk Law

Maryland has adopted this policy

Who may petition for an order?
Law enforcement, family members, doctors, and mental health professionals

Extreme Risk Law

Massachusetts has adopted this policy

Who may petition for an order?
Family/household members and gun licensing authorities

Extreme Risk Law

Michigan has not adopted this policy

Extreme Risk Law

Minnesota has not adopted this policy

Extreme Risk Law

Mississippi has not adopted this policy

Extreme Risk Law

Missouri has not adopted this policy

Extreme Risk Law

Montana has not adopted this policy

Extreme Risk Law

Nebraska has not adopted this policy

Extreme Risk Law

Nevada has adopted this policy

Who may petition for an order?
Law enforcement and family/household members

Extreme Risk Law

New Hampshire has not adopted this policy

Extreme Risk Law

New Jersey has adopted this policy

Who may petition for an order?
Law enforcement and family/household members

Extreme Risk Law

New Mexico has adopted this policy

Who may petition for an order?
Law enforcement only

Extreme Risk Law

New York has adopted this policy

Who may petition for an order?
Law enforcement, district attorneys, family/household members, and school administrators

Extreme Risk Law

North Carolina has not adopted this policy

Extreme Risk Law

North Dakota has not adopted this policy

Extreme Risk Law

Ohio has not adopted this policy

Extreme Risk Law

Oklahoma has not adopted this policy

Extreme Risk Law

Oregon has adopted this policy

Who may petition for an order?
Law enforcement and family/household members

Extreme Risk Law

Pennsylvania has not adopted this policy

Extreme Risk Law

Rhode Island has adopted this policy

Who may petition for an order?
Law enforcement only

Extreme Risk Law

South Carolina has not adopted this policy

Extreme Risk Law

South Dakota has not adopted this policy

Extreme Risk Law

Tennessee has not adopted this policy

Extreme Risk Law

Texas has not adopted this policy

Extreme Risk Law

Utah has not adopted this policy

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Vermont has adopted this policy

Who may petition for an order?
States attorneys and the Office of the Attorney General

Extreme Risk Law

Virginia has adopted this policy

Who may petition for an order?
Law enforcement and Commonwealth Attorneys

Extreme Risk Law

Washington has adopted this policy

Who may petition for an order?
Law enforcement and family/household members

Extreme Risk Law

West Virginia has not adopted this policy

Extreme Risk Law

Wisconsin has not adopted this policy

Extreme Risk Law

Wyoming has not adopted this policy

Myth & Fact

Myth

Extreme Risk laws violate due process protections guaranteed by the U.S. Constitution.

Fact

Extreme Risk laws allow a judge to temporarily remove a person’s access to guns when there is evidence that they pose a serious risk. They also provide due process protections that meet the standards set by the Supreme Court. Judges may enter an emergency short-term order after family or law enforcement gives evidence that the person poses an immediate risk to themselves or others. After notifying the person, the judge must hold a hearing within a short period of time before entering a final order. The person asking for the order must prove that the other person poses a serious risk to themselves or others. That person can challenge any evidence and make their case as to why an order should not be issued. And even orders entered after a full hearing have a limited duration, generally up to one year, and can only be extended if the court holds another hearing. Case law shows that Extreme Risk laws have and will continue to withstand due process challenges: an appeals court in Florida recently upheld Florida’s law in the face of a constitutional due process challenge.

How it works

Extreme Risk laws can de-escalate emergency situations.

In many instances of gun violence, there are clear warning signs that the shooter posed a serious threat before the shooting. Extreme Risk laws give key community members a way to intervene before warning signs become tragedies. These laws allow immediate family members and law enforcement to petition a court for an order for the temporary removal of guns from dangerous situations. These orders are often known as extreme risk protection orders. If a court finds that a person poses a serious risk of injuring themselves or others with a firearm, that person is temporarily prohibited from having guns.

Under current federal law, a person is barred from having guns only if they fall into one of several categories of prohibited persons. A person who displays warning signs that they’re considering suicide or engaging in a violent act, but who is not prohibited under federal law, would still be legally able to buy and possess guns. Extreme Risk laws help to fill this gap, protecting public safety and allowing people in crisis the chance to obtain the help they need.

The mass shooter in the 2018 Parkland school shooting repeatedly displayed threatening behavior prior to the shooting. He was reported to law enforcement on more than one occasion. Following this tragedy, lawmakers across the country have sought to close this gap in their states. Since the beginning of 2018, 14 states and Washington DC have passed Extreme Risk laws, bringing the total number of states with these laws to 19.

By the numbers

Victories

You might be wondering…

  1. 1 Who can request an Extreme Risk Protection Order?
  2. 2 Isn’t gun violence a mental health problem, which requires a mental health solution?