The Growing Impact of Extreme Risk Laws

Lessons from practitioners on the ground

May 08, 2025

concrete ground with red danger text print — Photo by Matt Artz on Unsplash

By: Ruhi Bengali

When tragedy strikes — whether a horrific mass shooting or a devastating suicide —communities are left grappling with the aftermath. In many cases, warning signs were present, known to family members, friends, or law enforcement, yet no legal mechanism existed to intervene before violence occurred.

Extreme Risk Protection Orders (ERPOs), commonly referred to as “red flag” laws, provide a proactive tool to temporarily remove firearms from individuals who are at risk of harming themselves or others.

While no two ERPO cases are identical, some common scenarios for their use include individuals experiencing acute mental health crises, those exhibiting threatening behavior toward others, or situations involving escalating domestic violence.

As of 2024, 21 states and Washington, D.C. have enacted these lifesaving laws. Research consistently demonstrates that ERPOs are an effective suicide prevention measure, and have been used to avert mass shootings.

From the implementation of the first Extreme Risk law in 1999 through 2023, at least 49,000 ERPO petitions have been filed. While the use of ERPOs has increased significantly — rising by 59% in 2023 alone — implementation varies widely across states and even within jurisdictions such as law enforcement agencies, county prosecutors offices, courts, and victim advocate agencies.

To better understand how ERPO laws are working on the ground, Everytown for Gun Safety Support Fund interviewed six “ERPO champions” from across the country —leaders who have played key roles in implementing and refining these laws. These experts include law enforcement officers, an Assistant Attorney General, and a District Attorney’s Office Victim’s Assistance Manager, among others.

Their insights reveal the critical steps jurisdictions can take to improve ERPO implementation, ensuring this tool reaches those who need it most. While each case study reveals the unique opportunities and challenges faced by different jurisdictions and states, some common threads emerged.

Key Themes from the Case Studies

Build Strong Cross-Sector Partnerships and Ensure Collaboration

Successful ERPO implementation depends on strong collaboration between law enforcement, prosecutors, judges, behavioral health professionals, victim advocates, and community organizations. Many jurisdictions have established working groups or task forces to create clear ERPO protocols and ensure a smooth process from petition to enforcement.

For example, Deschutes County, Oregon created an adult threat assessment team years ago consisting of representatives from local, county, and state law enforcement agencies, the Victims’ Assistance Program with the District Attorney’s Office, the county hospital, the behavioral health community, county schools, and community and state colleges.

This group meets weekly to identify individuals in their community who are at risk of violence toward others or themselves and to strategize and coordinate efforts to mitigate these risk factors. This involves deciding whether an ERPO is best suited for the situation, addressing any challenges with seeking an ERPO, as well as connecting the individual with wraparound services to prevent any future violence.

This level of coordination is essential in making ERPOs an effective and efficient intervention tool, preventing cases from slipping through the cracks, and ensuring that all stakeholders are aligned in their efforts.

Invest in Training Key Stakeholders

One of the biggest barriers to ERPO use is simple: many people — including law enforcement, attorneys, and the general public — are unaware that this tool exists. In some states, even years after a law has been passed, petition rates remain low due to a lack of training and outreach.

Jurisdictions that have successfully increased ERPO use have prioritized training at multiple levels. In Fairfax County, Virginia, local law enforcement goes beyond the state’s standard ERPO training by offering in-depth, scenario-based instruction grounded in real cases. New recruits receive this training at the academy, while all officers are required to watch a condensed video version on the job. Annual roll-call refreshers, cheat sheets, and readily available reference materials ensure officers are prepared to use ERPOs effectively in the field.

In some states, prosecutors and legal professionals undergo training on presenting strong ERPO cases in court, while judges receive guidance on the evidentiary standards required for issuing and renewing ERPOs.

Create Safe Firearm Removal Processes

One of the most critical aspects of ERPO implementation is ensuring that firearms are removed safely — both for the individual at risk and for law enforcement officers executing the order.

Jurisdictions with strong compliance measures have developed structured firearm surrender protocols, specifying where and how individuals should relinquish their firearms. Some have designated secure locations such as police stations, while others require law enforcement officers to retrieve firearms directly. Others have implemented multi-agency coordination efforts, ensuring that different departments are aligned on best practices for safe removal and storage.

Law enforcement officers in King County, Washington employ a “humanity first” approach when serving ERPOs — coordinating with family members, making contact outside the home when possible, and clearly communicating the civil nature of the order to reduce conflict. Their process includes crisis-trained officers, regular compliance hearings, and detailed firearm tracking supported by an ERPO advocate who ensures all firearms are accounted for, even across jurisdictions.

This collaborative and compassionate model has earned community trust and significantly improved compliance and safety.

Balance Crisis Intervention with Long-Term Support

ERPOs are designed as a temporary measure to remove firearms from individuals in crisis, but their effectiveness can be enhanced when paired with broader support systems.

In cases where ERPOs are used alongside domestic violence protective orders, survivor support services are mobilized to ensure ongoing safety. Some jurisdictions have integrated ERPOs into a broader crisis intervention framework, ensuring that individuals who are subject to an order are also connected with mental health or social services.

For instance, the Fort Lauderdale Police Department in Florida has developed a close partnership with Anderson Behavioral Health and other social service providers in their community to ensure that those subject to ERPOs are also receiving critical resources to address the root of their crisis.

Raise Awareness and Support for Civilian Petitioners

While law enforcement officers file the majority of ERPO petitions, most ERPO laws also allow family members and other close contacts to petition the court directly. However, many civilians remain unaware of this option, and those who do know may feel overwhelmed by the legal process.

Some jurisdictions, such as Washington, DC, have taken proactive steps to make ERPOs more accessible to civilians by creating easy-to-navigate online resources, partnering with community organizations, and offering legal assistance for petitioners.

Public education campaigns, often led by advocacy groups and local law enforcement, have also played a crucial role in increasing awareness and usage of ERPOs among families who might otherwise hesitate to take action.

Ensure Fairness and Consistency: Due Process and Judicial Engagement

ERPOs are civil orders not criminal prosecutions, but they still require a high standard of due process. Judges carefully assess each case to ensure that firearm removals are justified and time-limited. Several of the ERPO champions emphasized the importance of judicial training on ERPOs, as some judges are unfamiliar with the law’s intent or the evidentiary requirements.

In Vermont, prosecutors coordinate internally to ensure that ERPO petitions are used judiciously and consistently across counties. Their approach highlights a commitment to balancing public safety with individual rights, ensuring ERPOs are not overused or applied arbitrarily.

Moving Forward: Strengthening ERPO Implementation Nationwide

ERPOs are a critical tool for preventing gun violence, but their impact depends on effective implementation. The case studies highlight several practical steps that jurisdictions can take to improve their use of ERPOs, including:

Enhancing training and public awareness to ensure law enforcement, judges, and community members understand how and when to use ERPOs.
Strengthening cross-sector collaboration between law enforcement, mental health professionals, and victim advocates.
Integrating ERPOs into broader crisis intervention efforts to provide long-term support to individuals in crisis.
Ensuring judicial engagement and due process protections so that ERPOs are applied consistently and fairly.

As more states consider adopting Extreme Risk laws and existing ERPO states look to strengthen implementation, these case studies offer a roadmap for success. By learning from jurisdictions that have pioneered best practices, policymakers and practitioners can maximize the lifesaving potential of this important tool.

Ruhi Bengali is the Senior Advisor for Implementation at Everytown for Gun Safety. She joined Everytown's research team in 2016 and has focused on domestic violence, the impact of gun violence on youth, and school violence. She oversees a team who provide evidence to support the organization’s state and federal legislative campaigns. Ruhi has two graduate degrees — a MSc in Development Economics from the University of London and a MPA in Public Policy from NYU.