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
M14s Added to CMP Roster

News  

Monday, August 3, 2026

M14s Added to CMP Roster

Since 1903, the Civilian Marksmanship Program (CMP) has served a critical role in promoting America’s continued excellence in marksmanship and firearms safety by providing firearms education, training, and competitions nationwide

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

Want a Violence-Free Transit System? Disarm the Law-Abiding and Post Signs!

News  

Monday, August 10, 2026

Want a Violence-Free Transit System? Disarm the Law-Abiding and Post Signs!

The Chicago Transit Authority’s (CTA) public transit system has long been chancy for ordinary commuters, as documented by the excellent local crime reporting website, CWB Chicago.

DOJ Challenges Maryland County for Violating Constitutional Rights

News  

Monday, August 10, 2026

DOJ Challenges Maryland County for Violating Constitutional Rights

When the federal government no longer sits on the sidelines and files its own lawsuit to protect the Second Amendment, pay attention. When the federal government is not just offering another amicus brief about their ...

NRA Experts Hard at Work on ATF Rules—Protecting Your Rights Every Step of the Way

News  

Monday, August 10, 2026

NRA Experts Hard at Work on ATF Rules—Protecting Your Rights Every Step of the Way

When big news hits the Nation’s Capital, everyone notices. But a lot of the real work that keeps your Second Amendment rights strong happens quietly, deep in the federal rule-making process. 

Supplemental Brief Filed in NRA-Supported Duncan v. Bonta Highlights Circuit Split Created by NRA’s Victory in ANJRPC v. Attorney General of New Jersey

Friday, August 7, 2026

Supplemental Brief Filed in NRA-Supported Duncan v. Bonta Highlights Circuit Split Created by NRA’s Victory in ANJRPC v. Attorney General of New Jersey

The Petitioners in Duncan v. Bonta, an NRA-supported challenge to California’s ban on magazines capable of holding more than ten rounds, have filed a Supplemental Brief urging the U.S. Supreme Court to grant review and ...

New Jersey: Third Circuit Grants Stay in AWB/Mag Ban Case

Tuesday, August 4, 2026

New Jersey: Third Circuit Grants Stay in AWB/Mag Ban Case

Today, the Court of Appeals for the Third Circuit granted the state's request for a stay pending its appeal to the US Supreme Court.

Oregon’s Anti-Hunting Initiative Fails to Meet Signature Threshold

News  

Monday, August 3, 2026

Oregon’s Anti-Hunting Initiative Fails to Meet Signature Threshold

Recently, we alerted our members about an extreme ballot initiative in Oregon, which had the potential to put an end to not just hunting, fishing, and trapping, but traditional ranching and farming practices as well.

NRA, Other Leading Second Amendment Groups File Lawsuit Challenging the Constitutionality of the National Firearms Act

News  

Friday, August 1, 2025

NRA, Other Leading Second Amendment Groups File Lawsuit Challenging the Constitutionality of the National Firearms Act

Today, the National Rifle Association (NRA), American Suppressor Association (ASA), Second Amendment Foundation (SAF), Firearms Policy Coalition (FPC), Prime Protection STL Tactical Boutique, and two members of the organizations filed a lawsuit challenging the constitutionality ...

NRA Submits Comments on Several ATF Rulemakings; the Deadline for Your Input is Aug. 4!

News  

Monday, August 3, 2026

NRA Submits Comments on Several ATF Rulemakings; the Deadline for Your Input is Aug. 4!

This week, NRA submitted comments on several important ATF rulemakings.

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.