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 civil court process for temporarily removing firearms from individuals who pose a significant danger to themselves or others. Rhode Island's version is more restrictive than many other states' red flag laws in one critical respect: petitions may be filed only by a law enforcement agency.

What Is an ERPO?

An Extreme Risk Protection Order is a civil court order that temporarily prohibits an individual (the "respondent") from possessing, purchasing, or receiving firearms. 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. It does not create a criminal record. However, violating an ERPO is a criminal offense 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. If a concerned person believes someone poses a danger, they must report their concerns to law enforcement, who will investigate and decide whether to file a petition. The petition must be filed in Superior Court and must contain specific facts and circumstances justifying the belief that the respondent poses a significant danger of causing personal injury to self or others by having access to firearms.

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 that the respondent poses a significant danger of causing personal injury to self or others in the near future by having access to firearms. The temporary order takes effect immediately upon issuance. Law enforcement serves the order on the respondent and takes custody of all firearms. 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 hold a full hearing under RIGL 8-8.3-5^[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 is clear and convincing evidence, which is a higher standard than the probable cause required for the temporary order. If the court finds by clear and convincing evidence that the respondent poses a significant danger, it may issue a full ERPO lasting up to one year. The court may also extend the order for additional one-year periods if the petitioner demonstrates that the respondent continues to pose a significant danger.

Firearms Surrender and Storage

Upon service of an ERPO, the respondent must immediately surrender all firearms and ammunition to law enforcement^[5]. Law enforcement provides a receipt itemizing all surrendered items. Firearms are stored by the law enforcement agency for the duration of the order. The respondent may also arrange for firearms to be transferred to a licensed firearms dealer for storage, subject to court approval. 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)). Any attempt to purchase a firearm while subject to an ERPO will be flagged during the NICS background check.

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 cross-examine: The respondent may cross-examine the petitioning officer and any other witnesses
• 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
• 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), law enforcement must return them within 10 days after the respondent produces court documentation that the order has ended and a national criminal records check confirms the respondent is not otherwise prohibited from possessing firearms 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 serving officer, along with any concealed carry permit. Do not attempt to hide, transfer, or dispose of firearms, as doing so is a separate criminal offense. Contact an attorney as soon as possible to prepare for the 14-day hearing. 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

Possessing a firearm while subject to an active ERPO is a criminal offense. Failing to surrender firearms as ordered is also a separate violation. The court may issue a search warrant to seize firearms if there is probable cause to believe the respondent has not complied with the surrender requirement. Violations may result in criminal prosecution, additional court orders, and imprisonment.