English
EspañolWhat is an extreme risk protection order?
An extreme risk protection order is a civil order issued by a judge that keeps a person, known as the respondent, from having firearms if s/he may pose a risk of causing bodily injury to him/herself or others.1
1 MA ST 140 § 131R(a)
Who can file for an extreme risk protection order?
To file for an extreme risk protection order, you must be:
- a family member of the respondent;
- a household member of the respondent;
- a law enforcement officer who interacted with the respondent in an official capacity within the past 30 days;
- a healthcare provider who provided health care services to the respondent within the past six months;
- a principal, assistant principal, or administrator of a school or college where the respondent is enrolled; or
- the licensing authority in the city or town where the respondent lives.1
You are considered to be a family or household member if you:
- are the respondent’s spouse or ex-spouse;
- live with or used to live with the respondent in the same household;
- are or were related by blood or marriage to the respondent;
- have or are having a child with the respondent, even if you and the respondent never married or lived together; or
- are or were in a significant dating relationship with, or engaged to, the respondent.2
1 Petition for Extreme Risk Protection Order
2 MA ST 140 § 121; Petition for Extreme Risk Protection Order
What types of orders are there? How long do they last?
There are two types of extreme risk protection orders: emergency extreme risk protection orders and final extreme risk protection orders.
Emergency extreme risk protection orders: An emergency extreme risk protective order can be issued ex parte, which means that the respondent does not have notice of the case beforehand and is not present for the hearing. An ex parte extreme risk protection order lasts up to ten days until a hearing is held for the final extreme risk protection order.1 However, the judge must hold a hearing on an extreme risk protection order within two days if the respondent files a statement with the court that a firearm or ammunition is needed for his/her job.2
Final extreme risk protection orders: The judge can issue a final extreme risk protective order after the respondent has received notice of the case and has an opportunity to participate in a hearing. The judge can issue a final extreme risk protection order for a period of up to one year.3
1 MA ST 140 § 131T(a)(1)
2 MA ST 140 § 131S(b)
3 Massachusetts Government website
What protections can I get in an extreme risk protection order?
In an extreme risk protection order, the judge can order that the respondent to give up:
- all firearms and ammunition; and
- his/her license to carry firearms and firearm identification card.1
As soon as the respondent is served with the order, s/he would immediately have to surrender all of the above items to the local licensing authority that is serving the order. If the respondent does not surrender the firearms within 24 hours, the judge will issue a warrant for law enforcement to take (seize) any firearm or ammunition that the respondent has access to.2
1 MA ST 140 § 131S(c)(2)
2 MA ST 140 § 131S(f), (d)(1)
