Explore The NRA Universe Of Websites

Emergency Risk Protection Orders (ERPOs)

1/8/19

What is the NRA's position on emergency risk protection orders (ERPOs)?

The NRA’s position on emergency risk protection orders (ERPOs) has recently been mischaracterized by some who haven't taken the time to understand our position, including the anti-gun mainstream media and organizations that purport to support the Second Amendment. Many of the individuals mischaracterizing our position are using misinformation to simply attack the NRA.

The NRA fights for the constitutional freedoms, including the due process rights, of all law-abiding Americans, every day in Congress, the statehouses and the courts. Our record on this is clear. Due process of law is a bedrock of our constitutional freedoms. Without it, we would cease to exist as a free country.

All fifty states currently have civil commitment procedures and many lack basic due process protections. This is unacceptable. The NRA believes that no one should be deprived of a fundamental right without due process of law.

Some have raised the issue of current ERPO laws in California, Oregon, Vermont and other states, suggesting that the NRA supports those laws. This is false. The NRA strongly opposed these laws because they do not protect due process rights. We will continue to oppose confiscation schemes such as these.

In addition, the NRA opposes any effort to create a federal ERPO law, in which federal agents would be tasked with seizing firearms after a hearing in federal court. As states consider ERPO laws, the NRA will continue to push for the inclusion of strong due process protections.

The NRA believes that any effort should be structured to fully protect the Second Amendment rights of law-abiding citizens while preventing truly dangerous individuals from accessing firearms.

The requirements of an ERPO process that the NRA could support should include the following:

  • The process should include criminal penalties for those who bring false or frivolous charges.
     
  • An order should only be granted when a judge makes the determination, by clear and convincing evidence, that the person poses a significant risk of danger to themselves or others.
     
  • The process should require the judge to make a determination of whether the person meets the state standard for involuntary commitment. Where the standard for involuntary commitment is met, this should be the course of action taken.
     
  • If an ERPO is granted, the person should receive community-based mental health treatment as a condition of the ERPO. 
     
  • Any ex parte proceeding should include admitting the individual for treatment.
     
  • A person’s Second Amendment rights should only be temporarily deprived after a hearing before a judge, in which the person has notice of the hearing and is given an opportunity to offer evidence on his or her behalf.
     
  • There should be a mechanism in place for the return of firearms upon termination of an ERPO, when a person is ordered to relinquish their firearms as a condition of the order. 
     
  • The ERPO process should allow an individual to challenge or terminate the order, with full due process protections in place.
     
  • The process should allow firearms to be retained by law-abiding third parties, local law enforcement, or a federally licensed firearms dealer when an individual is ordered to relinquish such firearms as a condition of the ERPO. The individual must also have the ability to sell his or her firearms in a reasonable time without violating the order. 
     

Again, the NRA will continue to oppose any proposal that does not fully protect due process rights. We will only support an ERPO process that strongly protects both Second Amendment rights and due process rights at the same time.

Issue Articles
SECTION
FROM
WITHIN
Nevada Assembly Judiciary Committee Sneaks Anti-Gun Bill Through on Deadline Day

Friday, April 9, 2021

Nevada Assembly Judiciary Committee Sneaks Anti-Gun Bill Through on Deadline Day

Today was the deadline to pass legislation out of policy committees in the house of origin.

Nevada: Committee Voting On Bill to Delay Return of Firearms

Thursday, April 8, 2021

Nevada: Committee Voting On Bill to Delay Return of Firearms

Tomorrow, the Senate Judiciary Committee is holding a work session, where they will vote on 

Saturday, March 20, 2021

New Mexico Legislative Session Ends Without Any New Gun Control!

The New Mexico Legislature adjourned sine die at noon today.  The following gun control measures were defeated this ...

Vermont: Pair of Anti-Gun Bills Meet Crossover Deadline

Friday, March 12, 2021

Vermont: Pair of Anti-Gun Bills Meet Crossover Deadline

Legislators in both chambers pushed a couple of anti-gun bills across the half-way marker in order to meet ...

New Mexico: House Could Vote on HB 193 Any Day Now!

Thursday, March 4, 2021

New Mexico: House Could Vote on HB 193 Any Day Now!

As early as TONIGHT, the New Mexico House could vote on House Bill 193, which amends New Mexico's red flag firearms surrender law, to allow ...

New Mexico: House Judiciary Committee Advances HB 193; Pauses for More Work on HB 166

Tuesday, February 23, 2021

New Mexico: House Judiciary Committee Advances HB 193; Pauses for More Work on HB 166

On Monday night, the House Judiciary Committee advanced House Bill 193, which amends New Mexico's red flag firearms surrender law to allow a police officer ...

New Mexico: Update on Anti-Gun Bills SB 224, HB 166 & HB 193; Pro-Gun Bill HB 279 to be Heard in House Committee on Tuesday!

Saturday, February 20, 2021

New Mexico: Update on Anti-Gun Bills SB 224, HB 166 & HB 193; Pro-Gun Bill HB 279 to be Heard in House Committee on Tuesday!

It was a busy end of the week, and will be a packed week ahead on mostly-bad firearm-related bills, with ...

Kentucky: Legislative Update

Monday, February 15, 2021

Kentucky: Legislative Update

The Kentucky 2021 legislative session is under way and these two bills in the General Assembly are of ...

New Mexico: House Consumer & Public Affairs Committee To Advance Expansion of Flawed Red Flag Law & Ban on Home-Built Guns

Wednesday, February 10, 2021

New Mexico: House Consumer & Public Affairs Committee To Advance Expansion of Flawed Red Flag Law & Ban on Home-Built Guns

Even though opponents of HB 193 and HB 166 outnumbered gun control advocates 80/20 on the committee's zoom ...

New Mexico: Important Information for Testifying in Committee on Tuesday Against HB 193 & HB 166, and for Watching Hearing Online

Monday, February 8, 2021

New Mexico: Important Information for Testifying in Committee on Tuesday Against HB 193 & HB 166, and for Watching Hearing Online

Just a reminder that the Roundhouse is closed to the public during the 60-day legislative session.  NRA-ILA strongly encourages ...

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.