Individuals have the ability to bring concerns directly to the police if they are not eligible to file for an ERPO themselves or feel doing so will put them at risk. ERPO adds another tool to law enforcement’s toolbox to remove weapons when someone poses a risk to themselves or others. The law expressly states that it does notaffect the ability of a law enforcement officer to remove firearms from any person or conduct any search and seizure for firearms pursuant to other lawful authority. It also states that it does not supersede or limit a licensing authority’s ability to suspend or revoke a license that the licensing authority has issued pursuant to other lawful authority.
Steps to filing an ERPO:
Request a petition (F-1) from your local Trial Court
or download one online
Complete and submit the petition and other necessary paperwork
(FS-2 and FS-3)
If the judge issues an ERPO, the judge will instruct
law enforcement officers to serve the order on the subject of the petition
Attend the hearing scheduled by the court. The hearing will be scheduled within 10 days from the date the judge issues the order (a hearing will also be scheduled if the order is denied
Where to Submit the Petition
Emergency (After court hours)
- Call an “on-call” judge and read the petition over the phone
- Serve the order to the respondent
- If the order is issued, it is temporary, and will only be in effect until the end of the next court day (at 4:30pm)
- To make the order longer, you must go to court to have it extended
During Court Hours
- Court for the city or town the individual lives
- Appear in front of a judge
- If the order is issued, serve the order to the respondent
- ERPO is in effect for up to 10 days
To make the order permanent
- After a temporary, ten day order, is granted, the court will schedule a hearing to make the order permanent (one year).
- At the hearing, Respondent (firearm owner) has an opportunity to challenge the order and have firearms returned
- If respondent’s challenge is granted, firearms will be returned
- If the petitioner (law enforcement) does not attend the hearing, the court will let the ERPO expire and it will not become permanent.
Frequently Asked Questions
- In a study of line of duty deaths for law enforcement officers, the greatest percentage of deaths occurred during a domestic dispute call, specifically by firearms
- In Connecticut and Indiana, the two states with the longest history of ERPO, research has found that approximately 1 life was saved for every 10 to 20 firearms removed
- Connecticut found a 14% reduction in its firearm suicide rate, and Indiana found a 7.5% reduction
Find out more on our Resources Page.