What are extreme risk protection orders and why are they important?


Gun and Gavel on tableYour Hawaiian Family Law attorneys can help you petition the courts to remove a gun from a potentially dangerous person to prevent an unfortunate situation. An Extreme Risk Protection Order (ERPO) allows law enforcement professionals or a family member to temporarily remove a firearm from someone who poses a risk to themselves or to others.

Why Were ERPO Laws Enacted?

In 2019, Hawaii followed the lead of other states like California, Colorado, Connecticut, Delaware, Florida, Illinois, New York, and others, and enacted ERPO laws to mitigate situations like the mass shootings that have happened across the country in the past several years.

You may even have a family member or know someone close to you that would benefit from an Extreme Protection Risk Protection Order.

What States Have Active ERPO Laws Aside from Hawaii?

In addition to Hawaii, the following states have ERPO laws so that you can help prevent a crisis:

  • California
  • Colorado
  • Connecticut
  • Delaware
  • Florida
  • Illinois
  • Indiana
  • Maryland
  • Massachusetts
  • Nevada
  • New Jersey
  • New Mexico
  • New York
  • Oregon
  • Rhode Island
  • Vermont
  • Virginia
  • Washington
  • Washington D.C.

Why A Hawaiian Family Law Attorney Can Help

An ERPO attorney can help petition for a protection order against a gun owner. Trying to petition the courts alone can be challenging since you have to provide ample cause to request the order. If you are a family member, roommate, medical professional, psychologist, or a coworker and think that someone may pose a risk to either themselves or others, it is important to demonstrate this concern to a judge so that they can do no harm.

What Happens When an ERPO is issued?

If a judge grants an ERPO with a standard of proof, during the duration of the order, the person who is named in the claim cannot:

  • Possess a gun or firearm
  • Purchase a gun or firearm
  • Purchase ammunition
  • Possess ammunition
  • Hold a gun or ammunition for others

How long does an ERPO last?

The firearm removal order can last anywhere from 21 days to five years, depending on the decision of the judge. An ERPO can be renewed if it is deemed that the person named in the judgment is still a danger to themselves or others.

Who do I Talk To About Getting an ERPO?

An extreme risk protection order attorney at our firm can help you review ERPO laws in Honolulu. Reach out to one of our attorneys today to get the process started.