Glossary

Red flag law

A law allowing a court to temporarily remove firearms from a person shown to pose a danger to self or others.

Also called: extreme risk protection order, ERPO, gun violence restraining order

A red flag law, formally an extreme risk protection order (ERPO) law, lets family members, and in many states police, petition a court to order the temporary removal of firearms from someone who is judged to be a danger to themselves or others, and to bar the person from buying more. The court typically issues a short-term order after an initial hearing and holds a later hearing, after which a longer order may be issued.

Indiana (2005) and Connecticut (1999) had early versions, and the idea spread after the 2018 shooting at Marjory Stoneman Douglas High School in Parkland, Florida. About twenty states and the District of Columbia have one now, and the 2022 Bipartisan Safer Communities Act provided federal grants to states that wish to implement such programs.

Supporters argue that the laws allow intervention before a tragedy, particularly in suicide prevention, which accounts for a majority of gun deaths, and they cite studies suggesting reductions in suicides. Opponents, including many gun-rights groups and some conservatives, argue that the laws can deprive people of rights without adequate procedural due process, that initial orders may be issued without the person present and that they can be misused by estranged relatives. Courts have generally upheld them, with challenges continuing. See National Instant Criminal Background Check System.

Last reviewed November 8, 2026

In the index now

Related terms

Constitutional carry A state law that lets people legally carry a handgun without a permit, usually if they are otherwise eligible to own one. Assault weapons ban A law prohibiting the sale or manufacture of certain semi-automatic firearms defined by cosmetic or functional features; the federal ban expired in 2004. Universal background checks A proposal requiring a background check for nearly all firearm sales, including private transfers not handled by licensed dealers. Procedural due process The constitutional requirement that government use fair procedures, such as notice and a hearing, before depriving a person of life, liberty or property. National Instant Criminal Background Check System The FBI system used by licensed firearm dealers to check whether a buyer is legally barred from owning a gun.