BOSTON — Extreme Risk Protection Orders (ERPOs) are a tool to reduce gun violence, and they exist in 21 U.S. states and the District of Columbia. Champions and interagency collaboration are pivotal to successfully implementing ERPO programs. Two jurisdictions from opposite ends of the country, King County, Washington, and Washington D.C., have shown successful collaborations between law enforcement and prosecutors to use ERPOs effectively. Representatives from King County and Washington, D.C. shared their ERPO experiences in a lively panel discussion at IACP 2024, including:
- Lisa Geller, Senior Advisor for Implementation and Co-Lead, National ERPO Resource Center, Johns Hopkins Center for Gun Violence Solutions
- Kim Wyatt, Senior Prosecuting Attorney, King County (Wash.) Prosecuting Attorney’s Office
- Detective Will Hallifax, Bellevue (Wash.) Police Department
- Sarah Connell, Assistant Attorney General, U.S. Department of Justice (DOJ), Office of the Attorney General
- Jeff Kopp, Commander, Metropolitan (D.C.) Police Department
The discussion on the importance of interagency coordination, communication, responsiveness and the willingness to think creatively throughout the implementation process informed this set of ERPO frequently asked questions.
What is an Extreme Risk Protection Order (ERPO)?
An ERPO, also known as a “red flag law,” is a civil order that temporarily restricts an individual’s access to firearms if they are deemed to pose a significant risk to themselves or others. Modeled after domestic violence protection orders, ERPOs are available in 21 U.S. states and the District of Columbia. Law enforcement is always involved in petitioning for these orders, and other parties, such as family members or mental health professionals, can also request them if allowed by state statute.
How long do ERPOs last?
Washington state’s ERPOs have two durations:
- Temporary Ex Parte Orders: These last up to two weeks and are issued without the subject being present in court.
- Final Orders: These typically last up to one year but can be renewed if the risk persists.
The length of an ERPO may vary in other states. Be familiar with ERPO rules and procedures in your state.
Who can petition for an ERPO?
Law enforcement is the primary petitioner for ERPOs, but in some states, other individuals, like family members or those in an intimate relationship with the subject, can also file for an ERPO. For example, family members may request an ERPO if a relative is experiencing suicidal ideation. In Washington, D.C. a mental health professional can request an ERPO.
What are the benefits of an ERPO?
An ERPO:
- Provides an immediate tool to prevent potential harm when someone is threatening violence against themselves or others.
- Can be used in combination with other threat mitigation tools to improve community safety.
- Offers peace of mind to petitioners and those impacted by the threats.
Where are ERPOs available?
ERPOs are available in 21 states and the District of Columbia. California was the first state to pass a modern ERPO law in 2014. Some states, however, have anti-ERPO laws, meaning they will not enforce an ERPO issued by another state.
How are ERPOs used?
ERPOs are typically used to intervene in situations involving:
- Threats to self: Suicidal ideation or self-harm behaviors.
- Threats to others: Domestic violence, workplace violence, school shootings or community violence.
- Specific threats: Verbal or written threats, regardless of the presence of a formal diagnosis.
“Look at the behavior, not the diagnosis,” Hallifax said
ERPOs do not solve underlying problems the individual is experiencing, such as a mental health crisis, but provide time and safety to address other contributing factors. For example, law enforcement may intervene in the early stages of the pathway to violence, such as during research and planning or pre-attack preparation phases.
“An ERPO gives us the time, distance and safety to mitigate all the other things going on in the person’s life. We can’t just take their guns and walk away,” Hallifax said.
How can policies protect victims of domestic violence?
— Johns Hopkins Center for Gun Violence Solutions (@JHU_CGVS) October 15, 2024
Lisette Johnson, who survived getting shot by her ex-husband, shares her experience as a survivor. #DVAM https://t.co/ureYXpElsq pic.twitter.com/GaUo9j5Crx
Can ERPOs be used for juveniles?
Yes, ERPOs can apply to juveniles, particularly in cases involving school threats. While juveniles cannot legally purchase firearms, they may have access to firearms in their homes. In Washington State, law enforcement serves ERPOs to the parent or guardian of the juvenile and the orders can be sealed to protect privacy.
“(In Washington) it is a separate petition and requires law enforcement to serve on the parent and guardian,” Wyatt said.
What shows up on a background check?
An ERPO is entered into the National Crime Information Center (NCIC) system and may appear similarly to other protection orders during a background check.
Can ERPOs apply to ghost guns or privately made firearms?
Yes, some states, like Washington, have updated their ERPO statutes to include firearm parts and ghost guns. This is particularly important for addressing domestic violence offenders and individuals prohibited from owning firearms who attempt to create or purchase untraceable guns.
What is the importance of interagency collaboration for ERPOs?
Effective ERPO implementation relies on interagency coordination between law enforcement, prosecutors and other relevant agencies. Training and proactive collaboration are key to ensuring that ERPOs are used effectively. Officers must be trained and aware that they have access to this tool, and prosecutors must be actively involved in processing and supporting ERPO requests.
Final advice from the panel
- If something isn’t working, adjust the process: Geller emphasized the importance of continuously improving the effectiveness of ERPOs.
- Training is critical: Officers need ongoing training to effectively use ERPOs, as highlighted by Kopp.
- Collaboration is essential: Prosecutors play a critical role in ensuring ERPOs are utilized effectively, as stated by Hallifax.
How to learn more about ERPOs
- ERPO community of practice: Visit https://erpo.org/erc-application-for-community-of-practice-cop for more information.
- State-by-state law information: Find state-specific ERPO information at https://erpo.org.
- Training and technical assistance: Contact ERPO@JHU.edu to request training or technical assistance.
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