Chapter 123 of the Acts of 2018 created the Extreme Risk Protection Order (ERPO) framework in Sections 131R through 131Y[2] of Chapter 140. Chapter 135 of the Acts of 2024[1] substantially expanded these provisions, notably removing the requirement that the respondent hold an active firearms license before an ERPO could be sought, and expanding who may petition for an order. The framework supplements the existing restraining order and harassment prevention order frameworks with a mechanism specifically designed for firearms risk situations.
What Is an ERPO?
An Extreme Risk Protection Order is a court order that temporarily prohibits a person from purchasing, possessing, or carrying firearms and requires the surrender of any firearms and licenses currently in their possession. ERPOs are designed to address situations where a person poses a significant danger of causing personal injury to themselves or others by having access to firearms.
Who Can Petition for an ERPO?
The following persons may file a petition for an ERPO:
- Family or household members of the respondent
- Law enforcement officers
- Medical professionals and licensed mental health providers
- School administrators (for respondents who are students or school employees)
The Hearing Process
ERPO proceedings involve two stages:
- Emergency (ex parte) orders: A court may issue a temporary ERPO without the respondent present if there is an immediate risk of harm. The respondent must be given notice and an opportunity for a hearing within a short timeframe.
- Full hearing: After notice to the respondent, the court holds a hearing where both sides may present evidence. The petitioner must demonstrate by a preponderance of the evidence that the respondent poses a significant danger.
Firearm Surrender
Upon issuance of an ERPO, the respondent must immediately surrender all firearms, ammunition, firearms licenses (LTC and FID), and large capacity feeding devices to law enforcement or a licensed dealer. Failure to surrender is a criminal offense.
Duration and Renewal
An ERPO is effective for up to one year. The petitioner may seek renewal before the order expires by filing a new petition and demonstrating continued risk. There is no limit on the number of renewals. The respondent may also petition the court to terminate the order early by demonstrating that the risk has been resolved.
Due Process Protections
The ERPO statute includes several due process protections for respondents:
- Right to a hearing before a full-term order is issued
- Right to legal representation
- Right to present evidence and cross-examine witnesses
- Right to petition for early termination of the order
- Penalties for filing false or frivolous petitions
Sources
Related
- MGL Chapter 140, Section 121A: Ballistics Identification
- MGL Chapter 140, Section 121B: Electronic Firearms Registration
- MGL Chapter 140, Section 121E: Public Firearms Data Dashboard
- MGL Chapter 140, Section 122: Manufacturing and Wholesale Licensing
- MGL Chapter 140, Section 130: Sales to Minors
- MGL Chapter 269, Section 10(a): Carrying Without a License