- Red flag laws (ERPOs) allow courts to temporarily remove firearms from individuals judged to be an imminent danger — the order typically lasts 14 days to one year, with a full hearing to contest it
- 21 states and D.C. have red flag laws as of 2026; Indiana (2005) and Florida (2018, post-Parkland) show bipartisan enactment, as both are Republican-controlled states
- Polling consistently shows 70–80% of Americans support red flag laws, including majorities of Republicans — making it one of the broadest areas of bipartisan public agreement on gun policy
- A federal red flag law has repeatedly stalled in Congress; the 2022 Bipartisan Safer Communities Act provided grants to states to create or strengthen ERPOs but did not establish a federal ERPO mechanism
How Red Flag Laws Work
A red flag law — formally called an Extreme Risk Protection Order (ERPO) — creates a civil legal process through which a court can temporarily remove firearms from a person who poses a credible threat to themselves or others. The process begins with a petition: in most states, law enforcement officers or family members file with a judge, presenting evidence of dangerous behavior.
If the judge finds sufficient cause, they issue an emergency order — typically without the subject present — requiring the person to surrender their firearms within hours. The order usually lasts 14–21 days, after which a full hearing is scheduled where the subject can present their case. At that hearing, the judge decides whether to extend the order (typically for up to one year), at which point the process can repeat.
Red flag laws are civil proceedings, not criminal charges. A person subject to an ERPO does not face arrest, criminal conviction, or a permanent record — though surrendering firearms may be noted. The constitutional challenge most frequently raised is a Fourth or Second Amendment argument, but courts have largely upheld red flag laws as constitutional when they include adequate due process protections.
State Red Flag Laws: Timeline
| Year | States Enacted | Context |
|---|---|---|
| 2005 | Indiana | First modern ERPO law; Republican-controlled legislature |
| 2016 | California, Washington | California voters approved Prop 63; Washington via ballot initiative |
| 2018 | Florida, Maryland, Vermont, Rhode Island | Parkland school shooting (Feb 2018) drove rapid bipartisan action in Florida under Republican Gov. DeSantis |
| 2019 | Colorado, Hawaii, Illinois, New Jersey, New Mexico, New York, Oregon | Wave of Democratic-controlled state legislatures; broadest single-year expansion |
| 2020–2022 | Delaware, Nevada, Michigan, Minnesota, Virginia | Continued expansion; Bipartisan Safer Communities Act (2022) created federal grants for state ERPO programs |
| 2023–2026 | Massachusetts (strengthened) | Existing states strengthened enforcement and expanded who can petition |
Public Opinion on Red Flag Laws
Multiple national polls from 2023–2025 show approximately 70–75% of Americans support red flag laws. Quinnipiac (2023) found 77% support; Morning Consult/Politico found 72%. These numbers have been stable since the Parkland shooting.
Even among Republicans, polling shows majority support for red flag laws — typically 53–60% depending on how the question is framed. Support is higher when the poll specifies that due process protections are included and that orders are temporary.
Democrats support red flag laws at the highest rates of any partisan group, typically 85–90%. Independent support typically falls between Republican and Democratic levels, at 70–78%, consistent with overall national averages.
Frequently Asked Questions
Are red flag laws constitutional?
Courts have broadly upheld state red flag laws against Second Amendment challenges, reasoning that due process protections (notice, hearing, ability to contest) make temporary removal orders constitutional. After the Supreme Court's 2022 New York State Rifle & Pistol Association v. Bruen decision requiring gun regulations to be grounded in historical tradition, some lower courts have revisited ERPOs. As of 2026, no red flag law has been struck down entirely, though some specific provisions have been narrowed. The constitutional debate is ongoing.
Can a red flag order be reversed?
Yes. Every state red flag law requires a full hearing within a set period (usually 7–21 days after the emergency order) where the subject can appear, present evidence, and contest the order. If the judge does not find clear and convincing evidence of ongoing danger, the order is vacated and firearms are returned. Even after a full-year order is issued, the subject can petition for early termination by demonstrating circumstances have changed. A person subject to an ERPO can also appeal to a higher court.
Is there a federal red flag law?
No. The United States does not have a federal ERPO law. The 2022 Bipartisan Safer Communities Act — the most significant federal gun legislation in 30 years — included $750 million in grants to states to create or strengthen their own ERPO programs but did not create a federal mechanism. Multiple federal red flag bills have been introduced in Congress but have not advanced past committee hearings. The constitutional question of whether Congress has authority to create a federal ERPO is debated, with gun rights advocates arguing it would intrude on state authority over civil proceedings.
