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Extreme Risk Laws

    Extreme Risk Laws

      What does this solve?

      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.

      If you or someone you know is in crisis, please call or text 988, or visit 988lifeline.org/chat to chat with a counselor from the 988 Suicide & Crisis Lifeline, previously known as the National Suicide Prevention Lifeline. The 988 Suicide & Crisis Lifeline provides 24/7, free, and confidential support to people in suicidal crisis or emotional distress anywhere in the US.

      Which states have Extreme Risk laws?

      21 states have adopted this policy

      AL AK AZ AR CA CO CT DE FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WY

      Extreme Risk Law

      Alabama has not adopted this policy

      Extreme Risk Law

      Alaska has not adopted this policy

      Extreme Risk Law

      Arizona has not adopted this policy

      Extreme Risk Law

      Arkansas has not adopted this policy

      Extreme Risk Law

      California has adopted this policy

      Who may petition for an order?
      Law enforcement, immediate family members, employers, coworkers, teachers, roommates, people with a child in common or who have a dating relationship

      Extreme Risk Law

      Colorado has adopted this policy

      Who may petition for an order?
      Law enforcement, family/household members, certain medical professionals, and certain educators

      Extreme Risk Law

      Connecticut has adopted this policy

      Who may petition for an order?
      Law enforcement, family/household members, and medical professionals

      Extreme Risk Law

      Delaware has adopted this policy

      Who may petition for an order?
      Law enforcement and family members

      Extreme Risk Law

      Florida has adopted this policy

      Who may petition for an order?
      Law enforcement only

      Extreme Risk Law

      Georgia has not adopted this policy

      Extreme Risk Law

      Hawaii has adopted this policy

      Who may petition for an order?
      Law enforcement, family/household members, medical professionals, educators, and colleagues

      Extreme Risk Law

      Idaho has not adopted this policy

      Extreme Risk Law

      Illinois has adopted this policy

      Who may petition for an order?
      Law enforcement and family members

      Extreme Risk Law

      Indiana has adopted this policy

      Who may petition for an order?
      Law enforcement only

      Extreme Risk Law

      Iowa has not adopted this policy

      Extreme Risk Law

      Kansas has not adopted this policy

      Extreme Risk Law

      Kentucky has not adopted this policy

      Extreme Risk Law

      Louisiana has not adopted this policy

      Extreme Risk Law

      Maine has not adopted this policy

      Extreme Risk Law

      Maryland has adopted this policy

      Who may petition for an order?
      Law enforcement, family members, doctors, and mental health professionals

      Extreme Risk Law

      Massachusetts has adopted this policy

      Who may petition for an order?
      Family/household members, gun licensing authorities, certain law enforcement; certain health care providers; school principal/administrator

      Extreme Risk Law

      Michigan has adopted this policy

      Who may petition for an order?
      Law enforcement, family/household members, certain health care providers

      Extreme Risk Law

      Minnesota has adopted this policy

      Who may petition for an order?
      Law enforcement and family members

      Extreme Risk Law

      Mississippi has not adopted this policy

      Extreme Risk Law

      Missouri has not adopted this policy

      Extreme Risk Law

      Montana has not adopted this policy

      Extreme Risk Law

      Nebraska has not adopted this policy

      Extreme Risk Law

      Nevada has adopted this policy

      Who may petition for an order?
      Law enforcement and family/household members

      Extreme Risk Law

      New Hampshire has not adopted this policy

      Extreme Risk Law

      New Jersey has adopted this policy

      Who may petition for an order?
      Law enforcement and family/household members

      Extreme Risk Law

      New Mexico has adopted this policy

      Who may petition for an order?
      Law enforcement only

      Extreme Risk Law

      New York has adopted this policy

      Who may petition for an order?
      Law enforcement, district attorneys, family/household members, school administrators, certain medical professionals

      Extreme Risk Law

      North Carolina has not adopted this policy

      Extreme Risk Law

      North Dakota has not adopted this policy

      Extreme Risk Law

      Ohio has not adopted this policy

      Extreme Risk Law

      Oklahoma has not adopted this policy

      Extreme Risk Law

      Oregon has adopted this policy

      Who may petition for an order?
      Law enforcement and family/household members

      Extreme Risk Law

      Pennsylvania has not adopted this policy

      Extreme Risk Law

      Rhode Island has adopted this policy

      Who may petition for an order?
      Law enforcement only

      Extreme Risk Law

      South Carolina has not adopted this policy

      Extreme Risk Law

      South Dakota has not adopted this policy

      Extreme Risk Law

      Tennessee has not adopted this policy

      Extreme Risk Law

      Texas has not adopted this policy

      Extreme Risk Law

      Utah has not adopted this policy

      Extreme Risk Law

      Vermont has adopted this policy

      Who may petition for an order?
      States attorneys and the Office of the Attorney General; family/household members

      Extreme Risk Law

      Virginia has adopted this policy

      Who may petition for an order?
      Law enforcement and Commonwealth Attorneys

      Extreme Risk Law

      Washington has adopted this policy

      Who may petition for an order?
      Law enforcement and family/household members

      Extreme Risk Law

      West Virginia has not adopted this policy

      Extreme Risk Law

      Wisconsin has not adopted this policy

      Extreme Risk Law

      Wyoming has not adopted this policy

      How it Works

      Extreme Risk laws can de-escalate emergency situations.

      Extreme Risk Laws Save Lives Fact Sheet

      In many instances of gun violence, there are clear warning signs that the shooter posed a serious threat before the shooting. Extreme Risk laws give key community members a way to intervene before warning signs become tragedies. These laws allow immediate family members and law enforcement to petition a court for an order for the temporary removal of guns from dangerous situations. These orders are often known as extreme risk protection orders. If a court finds that a person poses a serious risk of injuring themselves or others with a firearm, that person is temporarily prohibited from having guns.

      Under current federal law, a person is barred from having guns only if they fall into one of several categories of prohibited persons. A person who displays warning signs that they’re considering suicide or engaging in a violent act, but who is not prohibited under federal law, would still be legally able to buy and possess guns. Extreme Risk laws help to fill this gap, protecting public safety and allowing people in crisis the chance to obtain the help they need.

      The mass shooter in the 2018 school shooting in Parkland, FL, repeatedly displayed threatening behavior prior to the shooting. He was reported to law enforcement on more than one occasion. Following this tragedy, lawmakers across the country have sought to close this gap in their states.

      By the numbers

      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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      Did you know?

      Extreme Risk laws can help prevent deaths by firearm suicide. Among commonly used methods of self-harm, firearms are by far the most lethal, with a fatality rate of approximately 90 percent.

      Conner A., Azrael D., and Miller M., “Suicide Case-Fatality Rates in the United States, 2007 to 2014: A Nationwide Population-Based Study.” Annals of Internal Medicine. (2019). https://doi.org/10.7326/M19-1324