English
EspañolWhat is an extreme risk protection order?
An extreme risk protection order (ERPO) is a civil court order that keeps a person (the respondent) from:
- having a firearm in his/her possession, custody, or control;
- buying or getting a firearm; or
- attempting to buy or get a firearm.1
1 R.I. Gen. Laws § 8-8.3-3(b)
Who can file for an extreme risk protection order?
Only a law enforcement agency can file for an extreme risk protection order. They can request the order if a person poses a significant danger of causing personal injury to himself/herself or others by having or getting a firearm.1
If you are concerned about someone else’s safety, you can tell law enforcement and ask them to file for an extreme risk protection order to remove the person’s guns.
1 R.I. Gen. Laws §§ 8-8.3-3(c); 8-8.3-1
What types of orders are there? How long do they last?
There are two types of extreme risk protection orders: temporary orders and one-year orders.
Temporary extreme risk protection orders- The judge can issue this order right away when the petition is filed. It can be issued “ex parte,” meaning the respondent does not have to be present or notified before the order is made. This order lasts until the court hearing, which must be scheduled within 14 days.1
One-year extreme risk protection orders- This order is issued after a hearing where the respondent has been notified and can attend. The judge will decide if the respondent poses a significant danger of causing personal injury to himself/herself or others by having or getting a firearm. An order issued after a hearing lasts one year and may be renewed.2
1 R.I. Gen. Laws § 8-8.3-4(e)(7), (f)
2 R.I. Gen. Laws § 8-8.3-5(a)
What protections can be granted in an extreme risk protection order?
If the judge issues an order, it will direct the respondent to:
- turn in (surrender) any guns that s/he still has that weren’t already taken (seized) by law enforcement;
- turn in his/her concealed carry permit, if s/he has one; and
- not buy, get, or try to buy or get any firearms while the order is in place.1
The judge can also recommend that the respondent get a mental health or substance abuse evaluation.2
1 R.I. Gen. Laws § 8-8.3-5(a), (f)(6)
2 R.I. Gen. Laws § 8-8.3-5(f)(4)
