What Are Red Flag Laws? How ERPOs Work and What They Mean for Gun Owners

In some states, someone can petition a court to temporarily take your firearms, even if you haven’t been charged with a crime. This recent trend in state firearms legislation has been making waves across the country.

As a gun owner, it’s important to understand what exactly these laws are and whether you live in a red flag law state. From understanding how red flag laws work and which states have red flag gun laws to exploring their potential impact on Second Amendment rights, we’ll provide all the information you need to know about these controversial policies.

What Are Red Flag Laws?

So-called “red flag” laws are state laws known by various names, including “Extreme Risk Protection Orders (ERPOs),” “gun-violence restraining orders” and “risk warrants.” ERPOs allow a court to temporarily remove someone’s access to firearms if they are believed to pose a risk to themselves or others.

In some cases, red flag petitions are filed in highly emotional situations, where decisions must be made quickly and based on limited information — adding complexity to an already serious legal process.

How Red Flag Laws Work

If someone observes something or hears something that he or she believes could be out of place and feels an individual could be a threat or about to engage in harmful activities, he or she is supposed to notify law enforcement officials, who can then take advantage of red flag laws.

Red flag or ERPOs allow law enforcement, family members and even medical professionals in some states to petition the court to temporarily limit an individual’s ability to buy or possess a firearm if he or she is believed to present a danger to himself or herself or others.

A judge makes a ruling, and if the order is signed, law enforcement can confiscate the firearms and ammunition from the individual. The person also loses any concealed carry permits he or she may have and is prohibited from purchasing or possessing firearms, typically for up to one year.

Which States Have Red Flag Laws?

Currently, 22 states and the District of Columbia have red flag laws in place.*

• California
• Colorado
• Connecticut
• Delaware
• District of Columbia
• Florida
• Hawaii
• Illinois
• Indiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Nevada
• New Jersey
• New Mexico
• New York
• Oregon
• Rhode Island
• Vermont
• Virginia
• Washington

What Happens When a Red Flag Order Is Issued?

When a red flag order is issued, the process can move quickly. In some cases, it may begin before you’re even aware it’s happening.

After a family member, law enforcement officer or other authorized individual files a petition, a judge will review the request and possibly issue a temporary order. Following that order, firearms may be seized.

Once the order is active, law enforcement may serve the order and take possession of firearms, either by arriving at the residence to collect the firearms or requiring the individual to surrender them voluntarily.

A hearing will typically be scheduled within a set period after a temporary order is issued. This can vary by state.

At the hearing, the subject of the order has the opportunity to respond, and both sides can present evidence and testimony. The court then makes the final decision, either dismissing the order or extending it for a defined period, often up to one year.

If extended, the restrictions remain in place until the order expires or is lifted by the court.

Real-World Example: When Red Flag Laws Are Put to the Test

Red flag laws don’t just exist on paper. They play out in real-world situations where emotions, judgment and legal standards all collide.

In one case, a fatal confrontation between a police officer and an armed individual led to intense public scrutiny. After the incident, a family member of the deceased filed a red flag petition against the officer involved.

The claim alleged a personal relationship and raised concerns about the officer’s fitness to possess firearms.¹

Under state law, those filing such petitions must swear that their statements are true under penalty of perjury. However, the court initially relies on the information presented in the petition — often without a full hearing at the outset.

In this instance, the claim was later found to be inaccurate, and no harm ultimately came to the officer. But the situation highlights a critical reality: Red flag laws rely heavily on initial claims made under oath — sometimes before all facts are fully established.

Even when the system works as intended, the process itself can carry serious consequences for the person named in the petition.

Long-Term Effects of a Red Flag Order

The impact of a red flag order may extend beyond the initial court decision.

Once issued, these orders can:

• Be entered into law enforcement and background check databases
• Affect firearm purchases and transfers
• Lead to temporary or extended loss of carry privileges

Even after an order is lifted, correcting records is not always immediate. Administrative errors or outdated records can persist, and it may take months and considerable legal effort to fully restore status.

The effects of a red flag order don’t always end when the order expires.

Can You Lose Your Guns Without Being Charged With a Crime?

In some states, the answer is yes.

Red flag laws are civil court actions, not criminal charges. That means a judge can temporarily restrict your access to firearms based on a perceived risk, even if you have not been arrested or convicted of a crime.

• A judge may review the petition without you present
• A temporary order may be issued based on sworn statements and initial evidence
• Firearms can be removed before a full hearing takes place

These petitions are made under oath, and false statements may carry legal consequences. However, courts often must act quickly, and decisions may be based on the information available at the time without the benefit of a full investigation or cross-examination.

If an order is issued, you may have the opportunity to challenge it in court. But until that hearing occurs, the restrictions can remain in place.

What Happens If a Red Flag Claim Is False or Misleading?

Red flag petitions are serious legal filings. In most states, the person requesting the order must swear that their statements are true under penalty of perjury.

But the reality is more complicated. Courts often act on initial evidence presented quickly. Judges may issue temporary orders before a full hearing.

The accused may not have the opportunity to respond right away.

Even if a claim is later shown to be inaccurate, the subject may still need to go through the legal process to clear their name. The firearms may already have been removed, leading to legal costs and time commitments that can add up quickly.

In some cases, false or misleading claims can lead to criminal penalties.

How Do You Fight a Red Flag Order?

If you are subject to a red flag order, the process doesn’t end with the initial petition.

You may have the opportunity to:

• Attend a court hearing
• Present evidence and testimony
• Challenge the claims made against you

However, the process can be complex. In many cases, fighting a red flag order will involve hiring legal representation, gathering documentation and witness statements, and navigating court procedures that vary by state.

Even after a favorable outcome, you will need to follow up to ensure records are updated and your firearms rights and permits are fully restored.

Why Are Red Flag Laws Controversial?

Red flag laws remain controversial for several key reasons, many of which center on due process, enforcement and real-world effectiveness.

Lack of Prior Notice and Opportunity to Respond

In some states, the person who is the subject of a red flag order may have no knowledge of the petition before it is approved. As a result, there is no opportunity to defend against the accusation before property is confiscated and the right to purchase or possess firearms is restricted.

Under normal circumstances, when law enforcement seeks to seize property or enter a home without permission, specific judicial safeguards must be followed.

These often include the right to:

• Confront an accuser
• Review evidence
• Have a case heard in court, potentially before a jury

In red flag cases, however, the government may take action — sometimes without the individual’s knowledge — to determine whether that person should retain firearm rights.

Due Process Concerns

Because red flag laws operate through civil court proceedings, a person who has not committed a crime may still have firearms confiscated.

This raises concerns about the constitutional right to due process, as:

• Firearms may be removed before a full hearing
• The individual may be restricted from possession for six months, a year or longer
• The burden may fall on the accused to challenge the order after it is issued
• Potential for abuse or false claims

Questions About Effectiveness

Supporters of red flag laws argue that restricting firearm access can help prevent dangerous situations from escalating. However, the debate also extends to whether red flag laws effectively prevent violence or simply restrict access to one type of weapon.

Dangerous individuals may still find other means to carry out violence. There are cases in which individuals, after having firearms confiscated, have still carried out violent acts using other means.

For example, in 2019, a man in a Chicago suburb killed his mother using a samurai sword after law enforcement had previously removed his firearms. The incident raises questions about whether removing firearms alone can stop someone intent on causing harm.

Ultimately, the debate reflects a broader question: whether these laws address the root of violent behavior or focus primarily on access to weapons.

Stay Informed About Red Flag Laws

Red flag laws continue to evolve, and understanding how they apply in your state is essential.

Supporters argue that these laws are designed to prevent potential threats and protect communities. Critics, however, point to concerns about due process and the potential for misuse.

Additionally, real-world cases raise ongoing questions about the overall effectiveness of these laws in preventing violence.

Despite the controversy, red flag laws are in place in approximately 44 percent of U.S. states, and each state’s approach can differ significantly.

What Red Flag Laws Mean for Gun Owners

Red flag laws are designed to prevent harm, but they also introduce complex legal questions about due process, enforcement and individual rights.

In some states, a person may temporarily lose access to firearms based on a perceived risk, even without being charged with a crime. These decisions can happen quickly, sometimes before the individual has an opportunity to respond in court.

At the same time, supporters argue that these laws provide a tool for intervening before a situation turns violent, while critics question whether they address the root causes of dangerous behavior.

What’s clear is this:

• Red flag laws vary significantly by state
• The process can move quickly and carry real consequences
• Understanding how these laws work is essential for protecting your rights

The responsibility ultimately falls on you to know your state’s laws, understand the process and be prepared to respond if a petition is ever filed.

This article is a compilation of previous blog posts and Concealed Carry Magazine articles authored by Beth Alcazar, Jim Doyle and Anthony DeWitt.

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❓ Red Flag Laws FAQ

What are red flag laws?
Red flag laws — also known as Extreme Risk Protection Orders (ERPOs) — allow a court to temporarily restrict a person’s access to firearms if they are believed to pose a risk to themselves or others. These laws operate through civil court proceedings rather than criminal charges.

How do red flag laws work?
The exact process varies by state. However, typically, a petition is filed, a judge may issue a temporary order upon reviewing the request and firearms will be removed. Following that, a court hearing will be scheduled and a judge will decide whether to extend or dismiss the order.

Can you lose your guns without being charged with a crime?
Yes. Red flag laws are civil, not criminal, actions. That means a court can temporarily remove your access to firearms based on perceived risk, even if you have not been arrested or convicted of a crime.

Who can file a red flag petition?
This depends on the state, but may include law enforcement officers, family or household members and in some states medical professionals.

Do you get notified before your guns are taken?
Not always. In some cases, especially emergency orders, a judge may issue a temporary order before the subject is notified. A hearing is typically scheduled afterward, where the individual can respond.

How long do red flag orders last?
Temporary orders may last days or weeks until a hearing. If extended, orders can last several months to a year or longer, depending on state law.

Can you fight a red flag order?
Yes. You typically have the right to attend a court hearing and present evidence to challenge the claims made against you.

Red flag laws usually rely on a lower standard of burden proof than criminal cases. Instead of “beyond a reasonable doubt,” courts may use standards like “preponderance of the evidence” or “clear and convincing evidence,” depending on the state.

What is considered a “risk” under red flag laws?
This varies by state but may include:

• Threats of violence
• Suicidal behavior
• Evidence of instability or dangerous conduct

Can someone lie on a red flag petition?
Petitions are made under oath, and knowingly providing false information may carry legal penalties. However, claims may still be based on incomplete or emotional information, and the accused may need to challenge them in court.

If a claim is later proven false, firearms may already have been removed and you may need to go through legal proceedings to restore your rights. Some states impose penalties for false reporting, but enforcement varies.

What happens if you refuse to comply with a red flag order?
Failing to comply with a court order can lead to criminal charges, including potential arrest. It’s critical to follow the instructions in the order and address any concerns through the legal process.

Can you get your guns back after a red flag order?
If the order expires or is dismissed, you may be able to have your firearms returned. However, you may need to take additional steps to ensure records are updated.

As well, in many states, a red flag order may result in the suspension or revocation of a concealed carry permit for the duration of the order.

Will a red flag order show up on a background check?
It can. Red flag orders may be entered into law enforcement or background check databases, which can affect firearm purchases while the order is active.

Do all states have red flag laws?
No. Currently, red flag laws are in place in some states and not others. The details — including who can file, how long orders last and how they are enforced — vary significantly by jurisdiction.

Are red flag laws constitutional?
This is an ongoing legal debate. Supporters argue the laws are necessary for public safety, while critics raise concerns about due process and Second Amendment rights. Court decisions and legal interpretations continue to evolve.

Do red flag laws actually prevent violence?
Supporters believe they can help prevent harm by allowing early intervention. Critics argue that individuals intent on violence may still find other means, raising questions about overall effectiveness.

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The information contained on this website is provided as a service to USCCA, Inc. members and the concealed carry community and does not constitute legal advice. Laws are constantly changing. Always consult an attorney for specific legal guidance.