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
U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

News  

Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

U.S. Representative Suggests TRIPLING ($600) Suppressor Tax!

News  

Tuesday, May 27, 2025

U.S. Representative Suggests TRIPLING ($600) Suppressor Tax!

Excellent news for gun owners came last week when the U.S. House of Representatives passed President Donald Trump's One Big Beautiful Bill, which includes the complete removal of suppressors from the National Firearms Act (NFA). 

Loot Canal: U.S. Taxpayers Funded Bizarre Dental “Gun Violence” Research

News  

Monday, June 2, 2025

Loot Canal: U.S. Taxpayers Funded Bizarre Dental “Gun Violence” Research

When the Biden-Harris administration made clear they intended to use a “whole-of-government” approach to suppress Second Amendment rights, few could have predicted their efforts would extend all the way to the dentist’s office.

Australia’s Gun Laws, Failing in Different Ways

News  

Monday, June 2, 2025

Australia’s Gun Laws, Failing in Different Ways

Everything is relative, so the saying goes, which means that once in a while, it’s instructive to read about the gun laws and the state of gun rights in other countries. 

Twenty-four State Attorneys General Urge Congress to Pass H.R. 38

News  

Monday, June 2, 2025

Twenty-four State Attorneys General Urge Congress to Pass H.R. 38

On May 21, two dozen state attorneys general sent a letter to the leadership of the U.S. House of Representatives, urging that body to pass H.R. 38, the Constitutional Concealed Carry Reciprocity Act.

ATF Updates “Brady Permit Chart,” Reduces Need for Redundant NICS Checks

News  

Monday, June 2, 2025

ATF Updates “Brady Permit Chart,” Reduces Need for Redundant NICS Checks

We have been reporting on recent reforms by ATF to make its operations more transparent, professional, and public safety focused and less openly hostile to law abiding gun owners and the industries that serve them. 

Anti-gun Shakedown Machine Now Targets Toy Gun Sellers

News  

Monday, June 2, 2025

Anti-gun Shakedown Machine Now Targets Toy Gun Sellers

The pro-Second Amendment community understands that guns are not toys.

Texas Bill Would Put Local “Buybacks” Out of Business, Ending an Anti-gun Charade

News  

Monday, June 2, 2025

Texas Bill Would Put Local “Buybacks” Out of Business, Ending an Anti-gun Charade

As Texas House Bill 3053 heads to Governor Abbott’s desk, it is serving as a broader reminder to all states of the gun “buybacks” scam, only this time with a legislative solution to this anti-gun mainstay.

ATF Invites FFLs Zeroed Out Under Biden-Harris to Reapply

News  

Tuesday, May 27, 2025

ATF Invites FFLs Zeroed Out Under Biden-Harris to Reapply

Among all the infringements of the Second Amendment perpetrated by the Biden-Harris regime, one of the most punitive and consequential was ATF’s “zero tolerance” enforcement policy for Federal Firearms Licensees (FFLs). 

Florida: Governor DeSantis Signs Legislation to Remove 2A Restrictions During Emergencies

Thursday, May 29, 2025

Florida: Governor DeSantis Signs Legislation to Remove 2A Restrictions During Emergencies

Yesterday, May 28, Governor Ron DeSantis signed House Bill 6025 into law protecting our Second Amendment Rights during a state of emergency. The new law became effective upon the governor's signature.  

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.