Extreme Risk Laws
Extreme Risk Laws
What is the problem?
When a person is in crisis and considering harming themselves or others, family members and law enforcement are often the first people to see the warning signs. Extreme Risk laws, sometimes referred to as “Red Flag” laws, allow loved ones or law enforcement to intervene by petitioning a court for an order to temporarily prevent someone in crisis from accessing guns.
These laws can help de-escalate emergency situations. Extreme Risk laws are a proven way to intervene before gun violence—such as a gun suicide or mass shooting—takes more lives.
Myth & Fact
Myth
Extreme Risk laws violate due process protections guaranteed by the U.S. Constitution.
Fact
Extreme Risk laws allow a judge to temporarily remove a person’s access to guns when there is evidence that they pose a serious risk. They also provide due process protections that meet the standards set by the Supreme Court. Judges may enter an emergency short-term order after family or law enforcement gives evidence that the person poses an immediate risk to themselves or others. After notifying the person, the judge must hold a hearing within a short period of time before entering a final order. The person asking for the order must prove that the other person poses a serious risk to themselves or others. That person can challenge any evidence and make their case as to why an order should not be issued. And even orders entered after a full hearing have a limited duration, generally up to one year, and can only be extended if the court holds another hearing. Case law shows that Extreme Risk laws have and will continue to withstand due process challenges: an appeals court in Florida recently upheld Florida’s law in the face of a constitutional due process challenge.
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Extreme Risk Laws
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The Rise of Firearm Suicide among Young Americans
Death by suicide is a significant public health problem that claims the lives of thousands of young people in the US each year.
Report
Thousands of Preventable Gun Suicides
The deep economic downturn caused by COVID-19, combined with the millions of guns already in homes and the millions more being purchased during each month…
Fact Sheet
Extreme Risk Protection Orders during COVID-19
The COVID-19 pandemic has increased social isolation, fear, despair, and anxiety, leading to heightened risks of suicide. For someone in distress, access to a firearm…
Fact Sheet
Extreme Risk Laws Save Lives – Extreme Risk Laws By State
StatePolicy NameEffective Date1The effective date is the date the law first took effect in the state. The law may have been…
AppendixExtreme Risk Laws Save Lives – Stories
These stories illustrate the importance of Extreme Risk legislation in removing firearms from dangerous situations.
AppendixExtreme Risk Laws Save Lives
Introduction In many instances of gun violence, there were clear warning signs that the shooter posed a serious threat before the shooting. Extreme Risk laws…
Fact Sheet
Those Who Serve: Addressing Firearm Suicide Among Military Veterans
Findings Veteran firearm suicide is a virulent strain of a larger crisis. Firearm suicide is a significant public health crisis in the United States, claiming…
Fact Sheet
A Nation of Survivors: The Toll of Gun Violence in America
“The fact is gun violence has taken so many lives. And not just in Florida or D.C. or Chicago. Gun violence is everywhere and, as…
Report
Disrupting Access: Addressing Firearm Suicide in the U.S.
Firearm Suicide In The U.S A growing problem Nearly 43,000 Americans die by suicide every year,1Centers for Disease Control and Prevention.
Report
Five Ways to Enhance the Gun Violence Prevention Strategy in Your City
Cities that have sustained success preventing gun violence have deployed multi-disciplinary, community-involved approaches to response and prevention. Below are five steps that you can take…
Fact Sheet