Red Flag Laws:
Understanding Rhode Island ERPOs

Rhode Island enacted its Extreme Risk Protection Order law in 2018, codified in RIGL Title 8, Chapter 8.3^[1]. Commonly called a "red flag law," this statute creates a court process for temporarily removing firearms from individuals who pose a significant danger of causing imminent personal injury to themselves or others. In Rhode Island, petitions may be filed only by a law enforcement agency.

What Is an ERPO?

An Extreme Risk Protection Order is a court order that enjoins the respondent from having any firearms in his or her possession, custody or control and from purchasing, receiving or attempting to purchase or receive any firearms while the order is in effect. The order also requires the respondent to surrender all firearms in their possession, custody, or control, along with any concealed carry permit. The statute's operative provisions cover firearms and do not separately name ammunition. An ERPO is not a criminal charge. ERPO court filings are confidential and are not available for public inspection or disclosure without a court order, but orders must be entered in court, NICS and law-enforcement databases. However, violating an ERPO of which the respondent has actual notice is a felony that can result in arrest, prosecution, and imprisonment.

Who Can Petition

Under RIGL 8-8.3-3^[2], a petition for an ERPO may be filed only by a law enforcement agency. Family members, roommates, medical professionals, teachers, employers, and other civilians cannot petition the court directly. A law enforcement agency that receives credible information that a person poses a significant danger of causing imminent personal injury to self or others by having a firearm, or by purchasing, possessing or receiving one, shall file a petition. The petition must be filed in Superior Court and must state specific statements, actions, or facts supporting the belief that the respondent poses a significant danger of causing imminent personal injury to self or others by having a firearm in their custody or control, or by purchasing, possessing, or receiving one.

Ex Parte Temporary Orders

When a petition is filed, the court may issue a temporary ex parte ERPO without prior notice to the respondent under RIGL 8-8.3-4^[3]. To grant a temporary order, the court must find probable cause from specific facts shown by the petition that the respondent poses a significant danger of causing imminent personal injury to self or others by having a firearm in his or her custody or control, or by purchasing, possessing or receiving one. A temporary order states the date and time it was issued and continues until the court considers the petition at a hearing. The petitioner immediately personally serves the temporary order on the respondent, and when the court finds probable cause and from the sworn affidavit, a search warrant issues under chapter 5 of title 12 for any firearms in the respondent's possession, custody or control. The respondent must also surrender any concealed carry permits. The respondent does not have an opportunity to contest the temporary order before it takes effect.

Full Hearing and One-Year Orders

Within 14 days of the issuance of a temporary ERPO, the court must schedule a full hearing under RIGL 8-8.3-4(f), which it may continue for good cause under RIGL 8-8.3-5(d)^[4]. At this hearing, the respondent may appear, be represented by an attorney, and present evidence and witnesses, which the court may consider along with any other relevant and credible evidence (RIGL 8-8.3-5(c)). The standard of proof at this hearing is clear and convincing evidence, while the temporary order requires a finding of probable cause. If the court finds by clear and convincing evidence that the respondent poses a significant danger of causing imminent personal injury to self or others by having a firearm in their custody or control, or by purchasing, possessing, or receiving one, it shall issue an extreme risk protection order for a fixed period of one year. On the petitioner's motion filed within 14 calendar days before the order expires, the court shall renew the order for another year if it finds by clear and convincing evidence that the requirements for issuing a one-year order continue to be met.

Firearms Surrender and Storage

Under the notice the order must contain, the respondent must surrender to the petitioner all firearms that they own or have in their custody, control or possession, and must immediately surrender any concealed carry permit to the licensing authority or the Attorney General (RIGL 8-8.3-4 and 8-8.3-5)^[3]. The Rhode Island State Police may adopt rules on the storage and return of firearms seized by or surrendered to the local agency or the State Police. On the respondent's written request, the agency storing the firearms must transfer them to a federally licensed firearms dealer the respondent designates. The respondent may instruct the dealer to sell them or transfer ownership or possession in accordance with state and federal law to a qualified named individual who is not a member of the respondent's dwelling house and is not prohibited from possessing firearms under state or federal law. During the period the ERPO is in effect, the respondent is prohibited from purchasing, receiving, or attempting to purchase or receive any firearms (RIGL 8-8.3-3(b)). The attorney general must enter the order into the National Instant Criminal Background Check System (NICS) and the databases used to identify prohibited purchasers of firearms.

Rights of the Respondent

The respondent in an ERPO proceeding retains several important rights:

• Right to counsel: The respondent may be represented by an attorney at the full hearing. A respondent who cannot afford an attorney is referred to the public defender for an intake interview, and if eligible, the court shall appoint an attorney
• Right to present evidence: The respondent may call witnesses, present documents, and offer testimony in their own defense
• Right to petition for early termination: Under RIGL 8-8.3-7^[6], the respondent may submit a single written request for a termination hearing within each twelve-month period that a one-year order or renewal order is in effect. At that hearing the respondent bears the burden of proving by clear and convincing evidence that they do not pose a significant danger of causing imminent personal injury to self or others by having a firearm in their custody or control, or by purchasing, possessing, or receiving one
• Right to return of firearms: When the ERPO expires, terminates, or is not renewed, the respondent may request return of seized or surrendered firearms. Under RIGL 8-8.3-8(a), the firearms must be returned upon the respondent's request, within 10 days, when the respondent produces court documentation that the order has expired, terminated, or has not been renewed, and the law enforcement agency in possession of the firearms conducts a national criminal records check and determines that the respondent is not otherwise prohibited from possessing a firearm under state or federal law

How to Respond to an ERPO

If you are served with an ERPO, comply immediately. Surrender all firearms to the petitioner, and surrender any concealed carry permit to the licensing authority or the attorney general. Do not hide, transfer or dispose of firearms covered by the order, because any violation of an order of which the respondent has actual notice is a felony punishable by up to ten years, a fine of up to $10,000, or both. Contact an attorney as soon as possible to prepare for the hearing, which the court schedules within 14 days of the temporary order. Gather evidence that supports your position, including character references, medical records (if relevant), and any documentation showing that the circumstances cited in the petition have been resolved or were inaccurate. Attend the hearing and participate fully in the process.

Penalties for Violation

While an ERPO is in effect, it is illegal for the respondent to have any firearm in his or her possession, custody or control, and a violation of the order of which the respondent has actual notice is a felony. Failing to surrender firearms as ordered is also a separate violation. When the court finds probable cause for a temporary order and from the petitioner's sworn affidavit, a search warrant issues under chapter 5 of title 12 for the firearms in the respondent's possession, custody or control (RIGL 8-8.3-4). Violations may result in criminal prosecution and imprisonment.

Any violation of an ERPO can also be punished as contempt of court. A respondent who violates an active ERPO with actual notice of the order commits a felony punishable by up to ten years imprisonment, a fine of up to $10,000, or both (RIGL 8-8.3-10(b)). Filing a petition or providing information known to be materially false, or with intent to harass the respondent, is a felony punishable by up to five years imprisonment, a fine of up to $5,000, or both (RIGL 8-8.3-10(c)).

Usage and Statistics

In 2025, Rhode Island's Superior Court processed 66 ERPO petitions. In 2025, 66 temporary orders were granted, and judges granted one-year protection orders in 41 of those cases.^[7]