Rhode Island enacted its Extreme Risk Protection Order statute in 2018, codified in Title 8, Chapter 8.3[1]. The law was among the first wave of state red flag laws passed following the Parkland school shooting. Rhode Island's version is notable because it restricts petitioning authority exclusively to law enforcement officers, unlike some states that permit family members or medical professionals to petition directly.
Who Can Petition
Only a law enforcement officer or agency may file a petition for an ERPO. Family members, roommates, medical professionals, and other civilians cannot petition the court directly. However, they may report concerns to law enforcement, who can then investigate and decide whether to file. The petition must be filed in Superior Court and must include specific facts establishing that the respondent poses a significant danger of causing personal injury to self or others by having access to firearms.
Ex Parte Temporary Orders
If the court finds probable cause that the respondent poses an imminent risk, it may issue a temporary ex parte order without prior notice to the respondent. This temporary order requires the immediate surrender of all firearms, ammunition, and any concealed carry permits. Law enforcement serves the order and takes possession of all firearms. The respondent has no opportunity to be heard before the temporary order takes effect.
14-Day Hearing and Full Orders
Within 14 days of the issuance of a temporary order, the court must hold a hearing where the respondent has the right to appear, be represented by counsel, and present evidence. 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 respondent may petition for early termination if circumstances have changed. At the expiration of the order, firearms are returned unless a renewal is granted[2].
Usage and Statistics
Since its enactment, Rhode Island has processed approximately 30 or more ERPO petitions per year. The majority of cases involve individuals in mental health crisis or with suicidal ideation, rather than domestic violence situations specifically, though overlap exists. The law has been cited as a model for balanced red flag legislation because of its law-enforcement-only petitioning requirement, which proponents argue reduces the risk of misuse[3].
Penalties
Failure to surrender firearms under an ERPO is a criminal offense. A respondent who possesses firearms in violation of an active order faces misdemeanor charges with up to one year of imprisonment. Filing a knowingly false petition is also a criminal offense.