What Is a Red Flag Law?

How a red flag law works

An extreme risk protection order, or ERPO, is a civil court order that temporarily restricts a person's access to firearms because a judge has found they pose a significant risk of harming themselves or someone else¹.

The process typically has two stages. First, a family member, law enforcement officer, or in some states a doctor, teacher, or coworker, petitions a court. If the judge finds an immediate risk, they may issue a short-term, one-sided (ex parte) order, which in some states lasts up to two weeks, before the other side has a chance to respond². Second, a full hearing follows where the person subject to the order can appear, present evidence, and contest the petition. If the judge still finds the person poses a risk, they can issue a longer order, often lasting up to about a year, which can be renewed. Firearms are generally returned once the order expires unless a court extends it²¹⁰.

Due process protections built into these laws typically include the right to an in-person hearing, an unbiased judge, the right to know the evidence against you, the right to present your own evidence, and the right to confront witnesses. The federal Bipartisan Safer Communities Act requires these protections in red flag programs it funds³⁸.

Which states have red flag laws

As of 2026, 22 states and Washington, D.C. have ERPO or red flag laws: California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Indiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia, and Washington⁵¹⁰. Maine was the most recent addition, after voters approved a ballot initiative in November 2025 that took effect in February 2026⁴¹⁴.

Separately, a handful of states, including Texas, Oklahoma, Tennessee, West Virginia, and Montana, have passed laws that block red flag orders within their borders¹².

Texas's status

Texas does not have a red flag law. Governor Greg Abbott asked lawmakers to consider one after the 2018 Santa Fe school shooting, and the idea resurfaced after the 2019 El Paso and Odessa shootings and the 2022 Uvalde shooting, but no red flag law passed⁶.

In the 2025 legislative session, the Legislature went further and passed Senate Bill 1362, the "Anti-Red Flag Act." It bars state agencies, cities, counties, law enforcement, and prosecutors from recognizing or enforcing a red flag order unless Texas law authorizes it, makes enforcing such an order against a Texan a state jail felony, and bars Texas government entities from accepting federal grants to carry out red flag orders. It does not affect protective orders issued under the Texas Family Code or Code of Criminal Procedure, such as family violence protective orders. Governor Greg Abbott signed it in June 2025, and it took effect September 1, 2025¹¹¹³.

Federal funding tied to red flag laws

The Bipartisan Safer Communities Act, a federal gun-safety law passed by Congress and signed by President Biden in June 2022 after the Uvalde, Texas school shooting, created a $750 million grant program over five years for states to fund crisis intervention programs⁸. States can use the money for red flag laws or for alternatives like veterans courts, drug courts, and mental health courts. States that do not adopt red flag laws do not have their share reduced and can use the money for other crisis intervention programs⁸. Texas's SB 1362, however, bars Texas government entities from accepting federal grant money to implement or enforce red flag orders¹¹. States that do use the money for a red flag law must include specific due process protections, such as an in-person hearing and the right to confront evidence, to qualify³⁸.

How people see it

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