Red Flag Law States: Which States Have ERPO Laws (2026)

A red flag law — formally an Extreme Risk Protection Order (ERPO) — lets a court temporarily order someone's firearms removed when they're found to pose a serious danger. As of 2026, 21 states and the District of Columbia have one. Here's what they are, their history, exactly which states have them, how the process works, what to do if one is filed against you, and why they're one of the most polarizing tools in gun policy.

The short version

• A red flag law lets a court temporarily remove firearms from someone deemed dangerous.
• 21 states plus DC have one in 2026; the count is contested and shifting.
• Most allow police — and often family members — to petition the court.
• Because removal can happen before any conviction, red flag laws lower a state's Second Amendment score.

What is a red flag law?

A red flag law authorizes a court to issue an Extreme Risk Protection Order: a temporary order that requires a person to surrender their firearms and bars them from buying more, usually for a set period that a judge can extend after a hearing.

The trigger is a finding of dangerousness — typically threats of violence or self-harm — rather than a criminal charge. That's the defining feature, and the source of the controversy: the firearms can be removed before any crime is proven.

A brief history of red flag laws

The idea is older than the "red flag" label. Connecticut passed the first risk-warrant law in 1999, after a workplace shooting; Indiana followed in 2005. For years those two stood largely alone.

The modern wave came after high-profile mass shootings. California added its law in 2014 following the Isla Vista attack, and the 2018 Parkland shooting triggered a surge — roughly a dozen states enacted ERPO laws in 2018–2019. The federal Bipartisan Safer Communities Act (2022) then offered funding to help states create and run ERPO programs, encouraging further adoption.

Which states have red flag laws?

Twenty-one states and Washington, D.C. have an ERPO statute in 2026:

The geography is sharply divided. Coastal and Great Lakes states cluster on the list; many interior states have gone the other direction, passing "anti-red-flag" measures that bar local agencies from enforcing such orders.

How red flag laws work

The details vary by state, but the typical process looks like this:

1. Petition. Law enforcement — and in most states, family or household members — ask a court for an order.
2. Temporary order. A judge can grant a short-term ex parte order quickly if the danger is immediate.
3. Hearing. Within days, a full hearing is held where the respondent can contest the order.
4. Final order. If granted, firearms stay surrendered for the order's duration (often up to a year), renewable after another hearing.

If a red flag order is filed against you

Because an initial order can be issued ex parte (without you present), the first you may hear of it is when police arrive to collect firearms. Key things to know:

• Comply with the surrender order — refusing can add criminal charges. You can contest the order in court, not on the doorstep.
• You have a hearing. A full hearing is held within days, where you can present evidence and challenge the petition.
• Get a lawyer quickly. Outcomes turn on that hearing; representation matters.
• Orders are temporary and appealable. If the order is granted, there are processes to terminate it early and to recover your firearms when it expires.

How states rank on gun rights

Red flag laws are one factor among many in how free a state is for gun owners — alongside permitless carry, magazine limits, and assault-weapon rules. States with ERPOs tend to score lower on Second Amendment freedom; here's the current top tier:

1. 1WYWyoming
   10.0A+
2. 2IDIdaho
   9.8A+
3. 3MTMontana
   9.6A+
4. 4UTUtah
   9.4A+
5. 5NDNorth Dakota
   9.2A+
6. 6AZArizona
   9.0A+
7. 7SDSouth Dakota
   8.8A
8. 8TNTennessee
   8.6A
9. 9TXTexas
   8.4A-
10. 10KSKansas
    8.2A-

See all 50 states ranked on 2nd Amendment

See all 50 states ranked on gun rights

A color-coded map and the full Second Amendment ranking, from most gun-friendly to most restrictive.

The debate over red flag laws

Few gun policies are as contested. The core arguments:

• Supporters point to suicide prevention and the chance to intervene before a mass shooting, citing the temporary, court-supervised nature of the orders.
• Critics argue that removing firearms before a conviction — sometimes after only a one-sided initial hearing — raises serious due-process concerns, and worry about misuse or false claims.

That tension is exactly why our index treats red flag laws as a mark against Second Amendment freedom: they expand state power to disarm someone outside the normal criminal process. Whether that trade-off is worth it is a judgment call — which is why we let you re-weight the categories yourself.

Key terms

Extreme Risk Protection Order (ERPO)

The formal name for a red-flag order: a court order temporarily removing firearms from a person found to be a danger.

Ex parte order

A temporary order a judge can issue without the respondent present, when the danger is immediate — followed by a full hearing.

Petitioner

The person who asks the court for an ERPO — typically law enforcement, and in many states family or household members.

Respondent

The person the ERPO is filed against, who can contest it at the hearing.

Due process

The constitutional guarantee of fair legal procedure. Critics argue ex parte removal before a hearing strains it; supporters note the prompt follow-up hearing.

Surrender

The required handover of firearms while an ERPO is in effect; they are returned when the order ends.