|State||Policy Name||Effective Date1The effective date is the date the law first took effect in the state. The law may have been subsequently amended||Who May Ask for an Extreme Risk Order: Law Enforcement||Who May Ask for an Extreme Risk Order: Family member2Or household member.||Maximum Duration of the Ex-Parte Order|
(Emergency Order, if applicable)3In California, a judicial officer may issue a temporary emergency gun violence restraining order pursuant to specific request by a law enforcement officer. In Indiana, a law enforcement officer may seize a firearm without a warrant in certain circumstances. In Maryland, a court commissioner may issue an interim extreme risk protective order when the court is closed. In Massachusetts, a justice of the court may issue an emergency extreme risk protection order when the court is closed.
|Duration of the Final Order||Renewal Lasts for|
Cal. Penal Code § 18100, et. seq.
|Gun Violence Restraining Order||January 1, 2016||✔||✔4While law enforcement and family or household members may petition for an ex-parte or final order, only law enforcement may petition for a temporary emergency order.||21 days|
|1 year||1 year|
CRS § 13-14.5-101, et seq.
|Extreme Risk Protection Order||April 12, 2019||✔||✔||14 days||6 months||6 months|
|Connecticut5Law is structured as a firearm removal by law enforcement.|
Conn. Gen. Stat. § 29-38c
|Firearm Safety Warrant||October 1, 1999||✔6State’s attorney or assistant state’s attorney; any two police officers.||14 days714 days after the execution of the search warrant.||Up to 1 year||Law is silent|
10 Del. C. § 7701, et seq.
|Lethal Violence Protective Order||December|
|✔||✔8While law enforcement and family or household members may petition for a final order, only law enforcement may petition for an ex-parte order.||15 days||Up to 1 year||Up to 1 year|
|District of Columbia DC Code §7-2510.01, et seq.||Extreme Risk Protection Order||January 30, 20199Effective date of initial emergency law.||✔||✔10Certain mental health professionals can also file a petition.||15 days||1 year||1 year|
Fla. Stat. § 790.401
|Risk Protection Order||March 9, 2018||✔||14 days||Up to 1 year||Up to 1 year|
2019 HI Senate Bill 1466
|Gun Violence Protective Order||January 1, 2020||✔||✔11Certain medical professionals, educators, and colleagues may also file a petition.||14 days||1 year||1 year|
430 ILCS §67/1, et seq.
|Firearms Restraining Order||January 1, 2019||✔||✔||14 days||6 months||6 months|
|Indiana12Law is structured as a firearm removal by law enforcement.|
Ind Code §
|July 1, 2005||✔||14 days|
(14 days)13If law enforcement seizes a firearm without a warrant, the officer must, within 48 hours, file an affidavit with the basis for the officer’s belief that the individual is dangerous, which the court must review as soon as possible. The court must hold a hearing within 14 days of the filing. If law enforcement seizes a firearm pursuant to a warrant, the court must hold a hearing within 14 days of the filing of the search warrant return.
court14Lasts until terminated by the court after a petition and a hearing; petition may be made no earlier than 180 days after the final order
Md Public Safety
Code § 5-601,
|✔||✔15Certain health professionals can also file a petition.||7 days|
(Earlier of exparte hearing
or end of the
|Up to 1 year||6 months|
Mass. Gen. Laws
ch. 140, §§ 121,
(Earlier of exparte hearing
or end of the
next court day
|Up to 1 year||Up to 1|
N.J. Stat. § 2C:58-
20, et seq.
|Extreme Risk Protective Order||September 1, 2019||✔||✔||10 days||Until terminated by the court16Lasts until terminated by the court after a petition and a hearing.||N/A|
|New Mexico N.M. Stat. Ann. § 40-17-1, et seq.||Extreme Risk Firearm Protection Order||May 20, 2020||✔17While New Mexico’s Extreme Risk law does not allow family members to petition for an Extreme Risk Firearm Protection Order directly with the court, it allows certain family members, people with close personal relationships, or school administrators (“reporting parties”) to request that law enforcement file a petition for an Extreme Risk Firearm Protection Order. Law enforcement must file a petition upon receiving credible information that gives law enforcement probable cause to believe that a person poses a significant danger of causing imminent personal injury to self or others by having access to a firearm.||10 days||Up to 1 year||Up to 1 year|
NY CLS CPLR §
6340, et seq.
|Extreme Risk Protection Order||August 24, 2019||✔||✔18School administrators can also file a petition.||6 days.19Business days.||Up to 1 year||Up to 1 year|
ORS § 166.525, et seq.
|Extreme Risk Protection Order||January 1, 2018||✔||✔||Up to a year unless a hearing is requested, which then must be held within 21 days.20After an ex-parte order is issued, the respondent has 30 days to request a court hearing. If a hearing is requested, it must be held within 21 days. If a hearing is not requested within 30 days, the order will be confirmed and become the final order.||1 year||Up to 1 year|
RI Gen Laws §
8-8.3-1, et seq.
|Extreme Risk Protection Order||June 1, 2018||✔||14 days||1 year||1 year|
13 VSA § 4051, et seq.
|Extreme Risk Protection Order||April 11, 2018||✔21State’s Attorney or the Office of the Attorney General.||14 days||Up to 6 months||Up to 6 months|
Va. Code 19.2-152.13, et seq.
|Substantial Risk Order||July 1, 2020||✔22Attorney for the Commonwealth or a Law Enforcement Officer||14 days||Up to 180 days||Law is silent|
ARCW § 7.94.010, et seq.
|Extreme Risk Protection Order||December 8, 2016||✔||✔||14 days||1 year||1 year|
Everytown Research & Policy is a program of Everytown for Gun Safety Support Fund, an independent, non-partisan organization dedicated to understanding and reducing gun violence. Everytown Research & Policy works to do so by conducting methodologically rigorous research, supporting evidence-based policies, and communicating this knowledge to the American public.