Some states in the United States have enacted laws that allow police to temporarily take firearms from individuals without prior notice. This law, commonly known as red flag laws or Extreme Risk Protection Orders (ERPOs), is aimed at preventing potential harm before it happens.
Connecticut
Connecticut was the first state to pass a red flag law back in 1999. Police can request a warrant to seize firearms based on probable cause. This often happens after a mental health crisis due to credible threats. According to the Office of Legislative, there were over 1,500 risk warrants issued between 2022 and 2023 in this state.
Indiana
Indiana’s Jake Laird Law allows police to seize firearms from individuals deemed dangerous without a judge’s initial approval. Officers must present evidence at a court hearing within 14 days. If the court agrees, the guns can be held for up to six months or longer. In 2024, Indiana State Police reported over 270 firearms removals under this law.
California
California permits a wide range of individuals, such as law enforcement, coworkers, employers, and family, to request the removal of firearms. Judges can approve temporary orders within hours, after which police can immediately act. In 2023, the California Department of Justice recovered 1,443 firearms, including 88 ghost guns, through the Armed and Prohibited Persons System (APPS) program.
Florida
Florida’s Risk Protection Order system allows only law enforcement to request judicial orders. Once approved, police remove firearms immediately without notifying owners beforehand. Orders start temporarily but can extend up to one year.
Thousands of Florida residents have experienced firearm removal under this law following its enactment after a school shooting.
Maryland
Maryland allows family members, health professionals, and law enforcement to request Extreme Risk Protective Orders. The system enables rapid response, with some orders served within hours of filing.
Police collect firearms immediately after judges approve petitions. Subsequent hearings determine whether orders should extend up to one year.
Colorado
Colorado permits both family members and law enforcement to petition courts for temporary firearms removal. Quick intervention forms the cornerstone when someone appears dangerous.
After guns are taken, hearings determine how long seizures should continue. Courts can extend orders when an ongoing risk exists.
New Jersey
Law enforcement and family members primarily use New Jersey’s red flag law. Courts evaluate petitions the same day they are filed in many cases. Individuals must surrender all firearms immediately once orders are granted. Breaking the terms results in additional legal penalties and potential permanent loss of gun rights.
Hawaii
Hawaii’s red flag law permits police, family members, doctors, coworkers, and educators to start the process. Judges review requests and can approve firearm removal when sufficient evidence exists. Violating these orders leads to fines, jail time, or permanent gun rights losses.
Delaware
Both family members and police can request Lethal Violence Protection Orders in Delaware. Judges can issue orders the same day requests are made, enabling fast police action. After firearms are taken, individuals get opportunities to appear in court and argue their cases.
Massachusetts
Law enforcement, healthcare workers, and school officials can file orders in Massachusetts. The system addresses not just immediate danger but any signs of instability that might lead to harm. Judges review evidence before deciding on firearm removal. Approved orders require the complete surrender of all firearms.
New York
New York maintains one of the most inclusive red flag systems in the nation. School staff, health providers, family members, and police can all file petitions. Judges respond quickly and often issue temporary orders the same day requests are made. Later hearings determine whether orders should remain in place for longer terms.
Illinois
The Firearms Restraining Order Act lets family members and police seek emergency gun removal. Written requests go directly to judges who can act almost immediately. Orders take effect right away, then gun owners get called to court for hearings to determine whether they can keep or regain firearms.
New Mexico
Law enforcement holds exclusive authority to file red flag petitions in New Mexico. Police must present clear evidence that someone poses a risk to obtain judicial approval. Once judges approve orders, firearms get removed without warning to owners.
Michigan
Michigan recently passed legislation giving new authority to families and police. When someone appears at risk of self-harm or harming others, petitions can be filed in court. In the first year, courts approved nearly 300 requests for gun confiscation. Judges may authorize temporary firearm removal based on these petitions.
Oregon
Family members and police can file red flag petitions in Oregon. Temporary orders sometimes get issued based solely on written testimony without initial hearings. Firearm owners must surrender weapons immediately after court approval. Judges can extend orders for a year or longer when continued danger is demonstrated.
Minnesota
Minnesota authorities can act quickly when warning signs appear. Law enforcement and family members can request red flag orders from courts. The process moves rapidly, with judges potentially granting temporary firearm removal within hours of requests. Court hearings must occur within two weeks to finalize outcomes.
