Understanding What Red Flag Laws Mean for Your Rights

RED FLAG LAWS—officially known as Extreme Risk Protection Orders (ERPOs)—may sound like a common-sense safeguard meant to keep firearms out of the hands of people who are a genuine threat to themselves or others, but for gun owners, they’re a legal minefield that quietly sidesteps due process and opens the door to government overreach. On paper, these laws—now present in at least 22 states and the District of Columbia—allow a judge to temporarily strip someone of their firearms based on claims made by concerned parties like law enforcement, family members or even coworkers, often without the gun owner being present to defend themselves. That means someone could lose their Second Amendment rights—and potentially face an armed police visit—based on accusations alone, with no arrest, no charges and no opportunity to respond until after the fact.

The initial hearings are often ex parte, meaning you don’t even know it’s happening until police are at your door with a confiscation order. And if you think you’ll just get your guns back after clearing your name, think again: fighting a Red Flag order takes time, money and often a good lawyer, all while your rights remain suspended. Some states even allow these orders to be extended indefinitely.

While there’s data showing some success in reducing suicides, there’s little evidence Red Flag laws prevent mass shootings—and critics argue they fail to address the root causes like mental health, replacing true intervention with temporary disarmament and legal entanglement. Combine that with vague criteria, low standards of proof and a growing list of who can petition for an order, and it’s no wonder Red Flag laws are seen not so much as a safety measure, but more like a Trojan horse for gun control.

As legal defense organizations, pro-gun groups and websites point out, when a law allows your rights to be suspended before you even get to speak for yourself, it’s not justice—it’s preemptive punishment.