Extreme Risk Laws Save Lives – Extreme Risk Laws By State
Appendix B
4.17.2020
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| 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 |
|---|---|---|---|---|---|---|---|
| California 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 (21 days) | 1 year | 1 year |
| Colorado 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 | |
| Delaware 10 Del. C. § 7701, et seq. | Lethal Violence Protective Order | December 27, 2018 | ✔ | ✔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 |
| Florida Fla. Stat. § 790.401 | Risk Protection Order | March 9, 2018 | ✔ | 14 days | Up to 1 year | Up to 1 year | |
| Hawaii 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 |
| Illinois 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 § 35-47-14-1, et seq. | Seizure and Retention of Firearms | 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. | Until terminated by the 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 | N/A | |
| Maryland Md Public Safety Code § 5-601, et seq. | Extreme Risk Protective Order | October 1, 2018 | ✔ | ✔15Certain health professionals can also file a petition. | 7 days (Earlier of exparte hearing or end of the second court day after issuance) | Up to 1 year | 6 months |
| Massachusetts Mass. Gen. Laws ch. 140, §§ 121, 129B(C), 131(C), 131R-Z | Extreme Risk Protection Order | August 17, 2018 | ✔ | ✔ | 10 days (Earlier of exparte hearing or end of the next court day after issuance) | Up to 1 year | Up to 1 year |
| New Jersey 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 York NY CLS CPLR § 6340, et seq. | Extreme Risk Protection Order | August 24, 2019 | ✔ | ✔17School administrators can also file a petition. | 6 days.18Business days. | Up to 1 year | Up to 1 year |
| Oregon 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.19After 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 |
| Rhode Island RI Gen Laws § 8-8.3-1, et seq. | Extreme Risk Protection Order | June 1, 2018 | ✔ | 14 days | 1 year | 1 year | |
| Vermont 13 VSA § 4051, et seq. | Extreme Risk Protection Order | April 11, 2018 | ✔20State’s Attorney or the Office of the Attorney General. | 14 days | Up to 6 months | Up to 6 months | |
| Washington ARCW § 7.94.010, et seq. | Extreme Risk Protection Order | December 8, 2016 | ✔ | ✔ | 14 days | 1 year | 1 year |
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