Extreme Risk Protection Orders:
Sections 131R through 131Y

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 address situations where a person poses a risk of causing bodily injury to self or others by having a firearm or ammunition in the person's control, ownership or possession, the standard set by Section 131S(c)(1).

Who Can Petition for an ERPO?

Section 121 defines the people and entities who qualify as an ERPO petitioner:

• A family or household member
• The licensing authority where the respondent resides
• A law enforcement agency or officer that interacted with the respondent in an official capacity within the preceding 30 days
• A listed health care provider who treated the respondent within the preceding 6 months
• A principal or assistant principal of the respondent's elementary or secondary school, or an administrator of the college or university where the respondent is enrolled

The Hearing Process

ERPO proceedings involve two stages:

• Emergency (ex parte) orders: A court may issue a temporary ERPO without notice to the respondent when it finds reasonable cause to conclude that the respondent poses a risk of causing bodily injury to self or others by having a firearm or ammunition in the respondent's control, ownership or possession (Section 131T). 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 within 10 days of receiving the petition, or within 2 days if the respondent files an affidavit that a firearm or ammunition is required in the performance of the respondent's employment. The petitioner must demonstrate by a preponderance of the evidence that the respondent poses a risk of causing bodily injury to self or others by having a firearm or ammunition in the respondent's control, ownership or possession.

Firearm Surrender

Upon service of an ERPO, the respondent must immediately surrender any LTC or FID and all firearms and ammunition under their control, ownership, or possession to the local licensing authority serving the order. Section 131S permits later title transfer to a licensed dealer under its conditions, but that is not the immediate surrender destination. Failure to comply is a criminal offense.

Duration and Renewal

An ERPO is effective for up to one year. The court must notify the petitioner at least 30 days before the order expires that the petitioner may file a petition to renew it under Section 131R. There is no limit on the number of renewals. Either party may move the court to modify, suspend or terminate the order at any later time. The statute requires notice to the respondent and the petitioner and a hearing on the motion.

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