Eligibility for Extreme Risk Protection Orders (ERPO)

Learn about who an Extreme Protection Order (ERPO), also known as a red flag law, can be issued against, and who can request one.

Who is an ERPO issued against?

An ERPO is issued against a person who has a license to possess or carry a gun and who poses a risk of physically hurting themselves or others by having in their control, owning, or possessing a firearm, rifle, shotgun, machine gun, stun gun, or ammunition. This person is called the respondent.

The respondent has the right to hire a lawyer to represent them at ERPO proceedings.

Who can request an ERPO?

A family or household member or the police department in the city or town where the respondent lives can file a petition. The person filing the petition is called the petitioner.

A family or household member includes a person who:

  • Is or was engaged to or married to the respondent
  • Is or was living in the same household as the respondent
  • Is or was related by blood or marriage to the respondent
  • Has or is having a child with the respondent, regardless of whether they have ever been married or lived together
  • Is or has been in a serious dating relationship with the respondent

A petitioner has the right to hire a lawyer to represent them at ERPO proceedings.

If you don’t qualify to file a petition or if you know that the respondent doesn’t have a license to possess or carry firearms, but you believe the respondent poses a risk to themselves or others by having firearms, rifles, shotguns, machine guns, stun guns, or ammunition, you should contact the police department in the city or town where the respondent lives.

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