The Role of Law Enforcement in Enforcing Extreme Risk Protection Orders (ERPOs)

• In Event: Mixed-Method Approaches to Evaluating Policing Partnerships, Policies, and Training

Abstract

Extreme risk protection order (ERPO) laws, also known as ‘red flag laws,’ create a legal process to temporarily remove firearms from individuals who may pose a risk to themselves or others. In states with ERPO laws, law enforcement officers, family members, or clinicians may file a petition to temporarily remove firearms from an at-risk person for a period (typically, a few months to a year) if approved by a judge. Although law enforcement officers often serve as petitioners for protection orders, little research exists on their role in implementing ERPO laws (Zeoli, 2022). To address this gap, the Police Executive Research Forum (PERF) is conducting a comprehensive survey of law enforcement agencies in the 21 states and DC where ERPO laws are active. This survey aims to uncover the policies and practices these agencies have adopted to fulfill their ERPO-related responsibilities. Additionally, PERF has conducted interviews with officers directly involved in ERPO implementation to gain deeper insights into the challenges they encounter and the successes they achieve. Finally, we will present our findings on actionable recommendations for law enforcement agencies tasked with implementing ERPOs.

Authors

• Eva Fontaine, Police Executive Research Forum

• Meagan Cahill, Police Executive Research Forum