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Extreme Risk Laws Save Lives – Extreme Risk Laws By State

Appendix B

4.17.2020
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StatePolicy NameEffective Date1The effective date is the date the law first took effect in the state. The law may have been subsequently amendedWho May Ask for an Extreme Risk Order: Law EnforcementWho 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 OrderRenewal Lasts for
California
Cal. Penal Code § 18100, et. seq.
Gun Violence Restraining OrderJanuary 1, 20164While 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 year1 year
Colorado
CRS § 13-14.5-101, et seq.
Extreme Risk Protection OrderApril 12, 201914 days6 months6 months
Connecticut5Law is structured as a firearm removal by law enforcement.
Conn. Gen. Stat. § 29-38c
Firearm Safety WarrantOctober 1, 19996State’s attorney or assistant state’s attorney; any two police officers.14 days714 days after the execution of the search warrant.Up to 1 yearLaw is silent
Delaware
10 Del. C. § 7701, et seq.
Lethal Violence Protective OrderDecember
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 yearUp to 1 year
District of Columbia DC Code §7-2510.01, et seq.Extreme Risk Protection OrderJanuary 30, 20199Effective date of initial emergency law.10Certain mental health professionals can also file a petition.15 days1 year1 year
Florida
Fla. Stat. § 790.401
Risk Protection OrderMarch 9, 201814 daysUp to 1 yearUp to 1 year
Hawaii
2019 HI Senate Bill 1466
Gun Violence Protective OrderJanuary 1, 202011Certain medical professionals, educators, and colleagues may also file a petition.14 days1 year1 year
Illinois
430 ILCS §67/1, et seq.
Firearms Restraining OrderJanuary 1, 201914 days6 months6 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, 200514 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 year6 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 yearUp to 1
year
New Jersey
N.J. Stat. § 2C:58-
20, et seq.
Extreme Risk Protective OrderSeptember 1, 201910 daysUntil 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 OrderAugust 24, 201917School administrators can also file a petition.6 days.18Business days.Up to 1 yearUp to 1 year
Oregon
ORS § 166.525, et seq.
Extreme Risk Protection OrderJanuary 1, 2018Up 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 yearUp to 1 year
Rhode Island
RI Gen Laws §
8-8.3-1, et seq.
Extreme Risk Protection OrderJune 1, 201814 days1 year1 year
Vermont
13 VSA § 4051, et seq.
Extreme Risk Protection OrderApril 11, 201820State’s Attorney or the Office of the Attorney General.14 daysUp to 6 monthsUp to 6 months
Washington
ARCW § 7.94.010, et seq.
Extreme Risk Protection OrderDecember 8, 201614 days1 year1 year

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