Extreme risk protection order laws (ERPO), or red flag laws, generally allow certain individuals such as law enforcement officers or family members to petition a court for a temporary order that prohibits an at-risk individual from purchasing and possessing firearms. The ERPO process is patterned after the domestic violence order process because domestic violence orders exist in every state and have largely been upheld as constitutional. The behavioral risk factors that a judge typically considers in an ERPO case include patterns or recent threats and acts of violence, dangerous past behavior with guns, substance abuse, and recent firearms or ammunition acquisition.
Advocates say that in 2022 alone, over 46,000 people lost their lives to guns in America - and nearly 27,000 of those deaths were firearm suicides. Firearm suicide attempts result in death a staggering 90% of the time, compared to just 3% percent for other common methods, like intentional drug misuse. The presence of a gun turns what is frequently an impulsive act — usually not repeated if the person survives — into an almost always fatal act. People who choose a firearm over other methods typically do not have the opportunity or ability to summon help or reconsider. By temporarily removing firearms or making them more difficult to access for individuals in the midst of a crisis, those with suicidal ideation are more likely to survive and get a second chance at life. That second chance is critical since about 90% of people who make a suicide attempt and survive do not ultimately go on to die by suicide later in life. They claim this is why laws like extreme risk protection orders are so important.
Pending Legislation: H.R.3018 - Federal Extreme Risk Protection Order Act of 2023
Sponsor: Rep. Lucy McBath (GA)
Status: House Committee on the Judiciary
Chair: Rep. Jim Jordan (OH)
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