Explore The NRA Universe Of Websites

APPEARS IN News

Extreme Risk Protection Order Use: Lack of Process Leads to Abuse

Monday, February 3, 2020

Extreme Risk Protection Order Use: Lack of Process Leads to Abuse

New Jersey’s Extreme Risk Protection Order Act went into effect last September and NJ Advance Media has published an analysis of Orders issued since. The number of final orders issued may surprise readers: final orders account for less than half of the number of permanent orders issued. 

As of January 22nd, 186 temporary orders have been issued. NJ Advance media notes that number equals more than one such order per day. Judges denied 25 petitions for temporary orders. Once a temporary order is issued, the subject’s firearms are seized and a hearing is held within a set period of time to determine if a final order is issued. The subject of the ERPO has, at this hearing, their first opportunity to speak on his or her own behalf and to provide a defense.

Judges in New Jersey issued 88 final orders between September 1st and January 22nd, and denied 29 final orders. Eighty-eight final orders issued following 186 temporary orders. The status of the remaining cases was not clear.

But New Jersey is not alone in its ardent pursuit of Extreme Risk Protection Orders. From March 2018 through November 2019, the state of Florida granted 3,190 Temporary Ex Parte Risk Protection Orders (TRPO) after 2,833 TRPO hearings following 3,112 TRPO petitions filed. The data was provided by the Florida Courts.

To make that a little easier to read, the state of Florida issued more Temporary Ex Parte Risk Protection Orders than there were petitions for such orders filed or hearings for such orders held. That is an average of almost five ex parte orders issued per day in Florida over that time period. Florida’s population is about 2.4 times larger than New Jersey’s.

At the county level, Pinellas County in Florida issued 445 orders granting a TRPO but only held 341 TRPO hearings in the same time period. There were 448 petitions for a TRPO filed in that county. Manatee County, Florida, saw 57 TRPOs issued but just 31 hearings (and 59 petitions). Okaloosa County held 9 TRPO hearings but issued 23 Temporary Ex Parte Risk Protection Orders. In Sumter County, it was 31 orders and just two hearings.

This does not necessarily mean that law enforcement or the judiciary in either state is acting nefariously. The concern with red flag laws, or ERPOs, is that they will become a common practice, a lever used against anyone with whom one disagrees – or that they will become a commonly used tool in other judicial proceedings.

This is all more evidence for why NRA has repeatedly opposed laws that deprive law-abiding Americans of their civil rights without due process of law.

Gun control advocates have chosen Extreme Risk Protection Orders as a goal. Anti-gunners will happily sacrifice due process, which itself is often an afterthought in their anti-gun agenda – as is requiring treatment for those who need help.  The NRA is working across the country to ensure that due process rights are protected, that people can access the help they need, and that anti-gunners do not use ERPOs as a stepping stone to achieving their goal of an American population without the means to defend itself.

TRENDING NOW
Credibility Crisis Facing Violence Interruption Programs Continues

News  

Monday, June 15, 2026

Credibility Crisis Facing Violence Interruption Programs Continues

Few things expose the hypocrisy of anti-gun activists and their allies more clearly than the recurring spectacle of so-called “violence interrupters” and their own violent tendencies. The story has become repetitive but worth reiterating because ...

Canadian Criminologist: “Almost All of the U.S. is Safer than Toronto”

News  

Monday, June 15, 2026

Canadian Criminologist: “Almost All of the U.S. is Safer than Toronto”

Canada’s Liberal Prime Minister Mark Carney recently defended his government’s gun confiscation and “buyback” program, stating the government “has acted swiftly and decisively to combat gun crime” by removing “prohibited assault-style firearms from communities across ...

UN Officials Declare “We Have Lawyers” After Forcing Through Another Controversial Small Arms Outcome Document

News  

Wednesday, June 10, 2026

UN Officials Declare “We Have Lawyers” After Forcing Through Another Controversial Small Arms Outcome Document

The United Nations’ Ninth Biennial Meeting of States to Consider the Implementation of the Program of Action to Prevent, Combat, and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects ...

New York’s Penn Station: “Sensitive Place” or a “Disgusting” “Hellhole”?

News  

Monday, June 15, 2026

New York’s Penn Station: “Sensitive Place” or a “Disgusting” “Hellhole”?

Another week, another grotesque act of violence in one of New York’s least sensitive places.

Up Next for DOJ’s Second Amendment Section: Philadelphia

News  

Monday, June 15, 2026

Up Next for DOJ’s Second Amendment Section: Philadelphia

Harmeet Dhillon, Assistant Attorney General for the Civil Rights Division of the Department of Justice (DOJ), has been doing yeoman’s work in the defense of the Second Amendment.

Virginia: Court Reiterates Injunction on Private Sale Ban, as Anti-Gun Lawmakers Mislead Public

News  

Monday, June 8, 2026

Virginia: Court Reiterates Injunction on Private Sale Ban, as Anti-Gun Lawmakers Mislead Public

Last October, a judge in the Circuit Court for the City of Richmond ruled in the case Raul Wilson, Wyatt Lowman, Virginia Citizens Defense League, Gun Owners of America, Inc, and Gun Owners Foundation v. ...

NRA Files Lawsuit Challenging Michigan’s License-to-Purchase Regime

Monday, June 15, 2026

NRA Files Lawsuit Challenging Michigan’s License-to-Purchase Regime

The National Rifle Association, Michigan Coalition for Responsible Gun Owners, Michigan Gun Owners, Michigan Open Carry, and four NRA members filed a lawsuit challenging Michigan’s firearm license-to-purchase and registration regime.

Massachusetts: Sunday Hunting Stripped from Budget

Thursday, June 11, 2026

Massachusetts: Sunday Hunting Stripped from Budget

House democrats have stripped provisions from the budget bill, H.D. 6042, that would have ended the Commonwealth’s ban on Sunday hunting, in addition to expanding land access and increasing opportunities for crossbow hunting. 

New York:  Gov. Kathy Hochul Signs Gun Ban in State Budget Process

Wednesday, May 27, 2026

New York: Gov. Kathy Hochul Signs Gun Ban in State Budget Process

On Wednesday, May 27, Gov. Kathy Hochul signed S.9005C, which “enacts into law major components” of the state’s public protection and general government budget.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.