Extreme Risk Protection Orders: Removing Guns from Potentially Dangerous Persons
Are you concerned about a friend or family member who owns a gun and could be a danger to themselves or others? Learn how extreme risk protection orders can be used to remove a firearm from a potentially dangerous person.
How the Red Flag Law Works
Extreme Risk Protection Orders (ERPOs) help keep the District and its residents safe. ERPOs are a tool to remove guns from people who pose a danger to themselves or others. If eligible, you can file a petition that asks the Superior Court of the District of Columbia to issue an ERPO. The court can then issue an ERPO that would require the temporary removal of firearms and ammunition from the potentially dangerous person.
Who can seek an ERPO?
Only eligible individuals can seek an ERPO. These individuals are:
- Police Officers
- Mental Health Professionals
- Family Members of the potentially dangerous person
- Guardians of the potentially dangerous person
- Domestic Partners of the potentially dangerous person
- Romantic or Dating Partners of the potentially dangerous person
- Someone who lives with the potentially dangerous person
- Someone who shares a child in common with the potentially dangerous person
How does an Eligible Person Seek an ERPO?
First, the person must fill out a FREE form called a Petition and file it with the D.C. Superior Court. The Petition must include facts supporting the claim that the person in possession of firearms or ammunition is a danger to themselves or others. There are three ways to file the petition:
- You can file a Petition online through the court’s website at: Domestic Violence - District of Columbia Courts Forms Help Online.
- You can complete a fillable form and email it to DVD@dcsc.gov.
- You can go to one of the locations below, fill out a paper copy, and file it in person:
Superior Court of the District of Columbia
500 Indiana Avenue NW
Room 4510
Washington, DC 20001
If you have questions, you can call: 202-879-0157
Anacostia Professional Building
2041 Martin Luther King Jr. Avenue SE
Room 400
Washington, DC 20020
If you have questions, you can call 202-879-1500
What happens next?
After you file a petition, you will see a judge to explain the need for the ERPO. You can see a judge within one business day even before the other person knows about the case. This hearing can happen in person or virtually. During this hearing, if the judge decides that the person poses a significant danger to themselves or another, they can issue a temporary ERPO requiring the person to give up any firearms or ammunition before the next hearing.
You will then have to appear for the next hearing within 14 days to get a one-year order. The court can only decide whether to issue a one-year order after the potentially dangerous person receives the papers from the police and both of you have been given the chance to present your evidence to the court.
What happens if a Temporary ERPO is granted?
Police will contact the person who is the subject of the ERPO to retrieve any firearms and ammunition. A search warrant can be issued, if necessary. The police will also serve copies of the Petition on the person and a copy of the temporary order.
What happens if an ERPO is granted?
An ERPO can be in effect for up to one year and can be renewed if needed. If any firearms or ammunition were not turned in as a result of a temporary ERPO, the police can collect them. Anyone who peacefully turns in any firearms or ammunition in response to an ERPO cannot be arrested or prosecuted for unlawfully possessing or carrying the firearms or ammunition.
What is OAG’s role in ERPO cases?
In every ERPO case, OAG is required to investigate whether the respondent—subject of the ERPO—has any registered firearms or ammunition, mental health records, or criminal history, and then must submit a report to the court with its findings. OAG also may intervene in ERPO cases and represent the person filing for the ERPO throughout the court proceedings.
Resources
- FAQs about ERPOs in English and Spanish
- ERPO petition form
- OAG’s Informational ERPO Handout in English and Spanish. Note: the forms links in the handout no longer work]
Reminder: Anyone can dispose of unwanted firearms or ammunition by delivering them to any police station unloaded, in a locked container, and separate from any ammunition or by requesting that a police officer retrieve them by calling 311. No one who surrenders a firearm or ammunition this way is required to furnish identification, photographs, or fingerprints and cannot be arrested for possession of an unregistered firearm or ammunition. For more information on how to dispose of a firearm or ammunition, please call the Firearms Registration Branch at 202-727-4275.