|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. In Michigan, a law enforcement officer may request an immediate emergency extreme risk protection order if the officer is responding to a complaint involving the respondent in certain circumstances.
|Duration of the Final Order||Renewal Lasts for|
Cal. Penal Code § 18100, et. seq.
|Gun Violence Restraining Order||January 1, 2016||✔||✔4Employers, certain coworkers, certain teachers, roommates, dating partners, and a person with a child in common can also file a petition. However, only law enforcement may petition for a temporary emergency order.||21 days|
|1-5 years||1-5 years|
CRS § 13-14.5-101, et seq.
|Extreme Risk Protection Order||April 12, 2019||✔||✔5Certain medical professionals and educators may also file a petition.||14 days||364 days||Up to 1 year|
Conn. Gen. Stat. § 29-38c
|Risk Protection Order||October 1, 1999||✔6State’s attorney or assistant state’s attorney; any two police officers.||✔7Certain health professionals can also file a petition.||14 days814 days after the service of the order or the execution of the search warrant.||Until terminated by the court9Lasts until terminated by the court after a petition and a hearing.||N/A|
10 Del. C. § 7701, et seq.
|Lethal Violence Protective Order||December|
|✔||✔10While 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, 201911Effective date of initial emergency law.||✔||✔12Certain mental health professionals can also file a petition.||14 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|
H.R.S. § 134-61, et. seq.
|Gun Violence Protective Order||January 1, 2020||✔||✔13Certain 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 – 1 year||Up to 1 year|
|Indiana14Law is structured as a firearm removal by law enforcement.|
Ind Code §
|July 1, 2005||✔||14 days|
(14 days)15If 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.
court16Lasts 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,
|✔||✔17Certain 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|
Senate Bill 83 (2023)
|Extreme Risk Protection Order||January 1, 2024||✔||✔18Certain health care providers can also file a petition. However, only law enforcement may petition for an immediate emergency extreme risk protection order.||One year unless a hearing is requested, which then must be held within 14 days (same for emergency orders)19A requested hearing must be held within 5 days for certain respondents who are required to carry a firearm as part of their employment.||1 year||1 year|
Minn. Stat. § 624.7171, et. seq.
|Extreme Risk Protection Order||January 1, 2024||✔||✔||14 days||6 months – 1 year||6 months – 1 year|
Nev. Rev. Stat. Ann. § 33.500, et. seq.
|Order for Protection against High-Risk Behavior||January 1, 2020||✔||✔||7 days||Up to 1 year||Up to 1 year|
N.J. Stat. § 2C:58-
20, et seq.
|Extreme Risk Protective Order||September 1, 2019||✔||✔||10 days||Until terminated by the court20Lasts 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||✔21While 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, employers, 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||✔||✔22School administrators and certain health professionals can also file a petition.||6 days23Business 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.24After 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||✔25State’s Attorney or the Office of the Attorney General.||✔26While family and household members may file a petition for an ex-parte order, law enforcement must be substituted as the plaintiff prior to the final hearing.||14 days||Up to 6 months||Up to 6 months|
Va. Code 19.2-152.13, et seq.
|Substantial Risk Order||July 1, 2020||✔27Attorney for the Commonwealth or a Law Enforcement Officer||14 days||Up to 180 days||Up to 180 days|
|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.