Adrian Berlutti
Owning a gun comes with responsibility, but some states go further by allowing sudden seizures if someone raises concerns. These laws, often overlooked, can lead to unexpected visits and temporary loss of weapons. Learn about the 20 states that quietly use firearm seizure rules so you know what to expect and how to stay prepared.
California
Even in sunny California, a quiet law allows families or police to request a firearm seizure for 21 days in times of crisis, without a warrant. Since 2016, GVRO laws have expanded. It was the third state to act, and it also issued a firearm return handbook for homeowners.
Indiana
Here, only law enforcement can file firearm restraining orders. The approach, unique to Indiana, is credited with a 7% drop in gun suicides from 1981 to 2015. Between 2006 and 2023, Marion County alone logged over 400 uses. More than 900 have now been filed statewide.
Connecticut
After a tragic workplace murder-suicide, Connecticut passed the nation’s first red flag law in 1999. Police use risk warrants to confiscate guns when danger looms. Surprisingly, one life is estimated to be saved for every 10–11 seizures, although the overall suicide rate didn’t shift significantly.
Oregon
In Oregon, family members and law enforcement officials alike can petition for ERPOs, even without providing notice. The state adopted this tool in 2017, before the Parkland shooting. Some counties barely touch it, but Oregon was among the early few to embrace firearm crisis intervention before tragedy struck elsewhere.
New York
New York’s ERPO law, effective since 2019, permits petitions from police, district attorneys, teachers, and certain doctors. Firearms are removed only after due process has been followed. Although passed before Buffalo’s mass shooting, it’s part of a broad wave of gun reforms, tightening carry laws and school-related enforcement.
Florida
The law in Florida allows only law enforcement to file an ERPO, and it remains in effect for up to a year. Passed after Parkland in 2018, over 90% of cases go uncontested. It’s unexpectedly one of the Southeast’s lower gun-death states and ranks below Virginia at 12.9 per 100,000.
Illinois
Illinois allows both police and family members to petition for FROs (Firearm Restraining Orders), with guns confiscated until a hearing is held within 14 days. Cook County leads in filings, and nearly 30% come from ex-partners. That stat alone hints at how personal and preventive the law has become.
Colorado
Despite fierce opposition during its 2019 rollout, Colorado’s ERPO law was backed by the state’s police union. Sheriffs in some counties refused to enforce it, calling their areas “2A sanctuaries.” Still, petitions have climbed steadily, especially after Denver began pushing broader firearm removal orders.
New Jersey
New Jersey’s ERPO process is initiated through local or state police and reviewed by courts within 10 days. Only police and prosecutors can file. Judges can extend the order for up to a year. With strict gun laws already in place, it was a natural extension.
Delaware
Delaware allows family members, police, and mental health professionals to file an ERPO, with the added requirement of probable cause. The law was passed in 2018 but saw a dramatic uptick after 2020. All firearm purchases are subject to separate background checks in addition to the ERPO framework.
Washington
When families or law enforcement file in Washington, firearms can be seized until a hearing, usually within 14 days. The system gained traction after intense heatwave crises. Although part of the 21 ERPO-state group, Washington’s rules reflect a deeper readiness for emergency firearm restraint.
Maryland
Maryland’s law stands out by allowing healthcare providers to file ERPOs—something few states do. Judges typically issue interim orders, followed by a final hearing. More than 1,300 orders were filed in the first year alone, many after threats involving schools or domestic violence.
Vermont
Though it has a strong gun tradition, Vermont passed its red flag law in 2018. Only the state’s attorney or the attorney general can request a court order. Judges must find “an extreme risk of harm” before approving. It was among the last Northeast states to act.
Virginia
A newer player, Virginia, implemented its ERPO law in 2020. The family can’t petition; only law enforcement can. The order temporarily removes firearms for 14 days until a hearing. By mid-2023, over 1,000 orders had been issued statewide, many of them following threats toward schools or workplaces.
New Mexico
In New Mexico, only law enforcement can initiate an ERPO. The law took effect in 2020, but dozens of sheriffs refused to enforce it. Despite opposition, over 100 orders were filed in the first 2 years. Firearm removal is allowed before the subject even receives notice.
Hawaii
Petitions in Hawaii can be submitted by police officers, doctors, and family members. Judges can issue one-year orders if a clear risk is proven. It’s the only state where both medical professionals and roommates can file. As of 2023, usage remains low but legally solid.
Nevada
After a mass shooting shook Las Vegas, Nevada joined the ERPO ranks in 2019. Police and family members can petition, with judges issuing temporary orders that last up to a year. The law is rarely enforced in rural counties but is more actively enforced in urban areas like Clark County.
Rhode Island
Rhode Island’s “Red Flag” statute uses a civil court process. Only law enforcement can file, and firearms are often removed the same day. While the state lacks a gun registry, these orders sidestep it entirely. It’s one of the smaller states but among the most proactive.
Maine
Unlike red flag laws, Maine’s approach starts with law enforcement. If police suspect a risk, they can initiate a “yellow-flag” petition only after a medical professional gives an immediate evaluation. The court reviews everything before any firearm is taken and implements a unique two-step system.
Michigan
Michigan joined the ERPO group in 2024, becoming the 21st state to act. Family members and police can request firearm removal if someone poses a serious risk. Within months, parents of a student making threats faced an early order, demonstrating the quick action taken under this new protective measure.
