An Extreme Risk Protection Order, commonly called an ERPO or "Red Flag" order, can result in the immediate suspension of a Massachusetts LTC or FID and require the surrender of firearms and ammunition.
Chapter 135 substantially expanded the categories of people who may petition a court for an ERPO.
What Happens in an ERPO Case?
Massachusetts ERPO Navigator
Use this tool for a starting-point explanation of the process.
1. What Is an Extreme Risk Protection Order?
Massachusetts defines an Extreme Risk Protection Order as a court order that requires:
- the immediate suspension and surrender of any Massachusetts License to Carry or Firearm Identification Card held by the respondent;
- the surrender of all firearms and ammunition that the respondent controls, owns, or possesses; and
- the respondent to remain ineligible for a new LTC or FID for the duration of the order.
2. Who Can File an ERPO Petition?
Under M.G.L. c. 140, §121 and §131R, a qualifying petitioner may file an ERPO petition when the petitioner believes a person may pose a risk of causing bodily injury to self or others.
Includes certain current or former spouses, household members, relatives, persons with a child in common, persons in a substantive dating relationship, and persons who are or were engaged.
The licensing authority of the municipality where the respondent resides.
A qualifying law-enforcement agency or officer who interacted with the respondent in an official capacity within the preceding 30 days.
A qualifying health-care professional who provided health-care services to the respondent within the preceding 6 months.
A principal or assistant principal of an elementary or secondary school where the respondent is enrolled.
An administrator of a college or university where the respondent is enrolled.
3. What Must a Petition Contain?
M.G.L. c. 140, §131R requires the petition to identify relevant facts supporting the request.
The petition must address matters including:
- why the petitioner believes the respondent poses a risk of bodily injury to self or others through possession or control of a firearm;
- the number, type, and location of firearms or ammunition believed to be in the respondent's possession or control;
- whether abuse-prevention or harassment-prevention orders exist; and
- whether there is another pending lawsuit, complaint, petition, or legal action between the parties.
4. Ordinary ERPO Hearing
Under M.G.L. c. 140, §131S, the court generally must conduct a hearing within:
The court issues a summons identifying the hearing date, time, and location.
The statute generally requires service on the respondent at least 7 days before the hearing.
5. Employment-Related Expedited Hearing
If the respondent files an affidavit stating that a firearm or ammunition is required in the performance of their employment, §131S requires the court to conduct the hearing within:
6. Standard for Issuing an ERPO After a Hearing
Following the hearing, the court must grant the petition if it finds by a preponderance of the evidence that the respondent poses a risk of causing bodily injury to self or others by having a firearm or ammunition in their control, ownership, or possession.
7. Emergency ERPO
M.G.L. c. 140, §131T allows a court to issue an emergency ERPO without prior notice to the respondent when the court finds reasonable cause to conclude that the respondent poses a risk of causing bodily injury to self or others through firearm or ammunition possession or access.
An emergency order generally expires 10 days after issuance unless a hearing has been scheduled or the court acts following the hearing as provided by law.
8. Emergency Orders When Court Is Closed
Section 131T also permits a justice to grant emergency relief when the court is closed.
In qualifying circumstances, the order may be communicated by telephone to the local licensing authority.
If emergency relief was granted without a previously filed petition, the potential petitioner must appear on the next available court business day to file the petition.
9. Immediate License Suspension
Under §131S, the local licensing authority must immediately suspend the respondent's:
- License to Carry; or
- Firearm Identification Card.
The licensing authority may not issue the respondent a new LTC or FID during the duration of the order.
10. Firearm and Ammunition Surrender
Upon service of the order, the respondent must immediately surrender:
- their LTC or FID;
- all firearms in their control, ownership, or possession; and
- all ammunition in their control, ownership, or possession.
The surrender is generally made to the local licensing authority serving the order.
11. Failure to Surrender
If the court has probable cause to believe that the respondent has access to a firearm or ammunition and the respondent fails to surrender the firearm or ammunition within 24 hours after service, the court must issue a search warrant meeting the requirements of §131S.
The warrant may authorize law enforcement to search the respondent or an identified location and seize firearms or ammunition to which the respondent has access.
12. Additional Search Warrants
The court may issue additional warrants while an ERPO remains in effect if there is probable cause to believe that the respondent has:
- retained a firearm or ammunition;
- acquired a firearm or ammunition; or
- gained access to a firearm or ammunition.
13. Receipt for Surrendered or Seized Property
The licensing authority must provide the respondent with a receipt identifying surrendered or seized:
- licenses;
- firearms; and
- ammunition.
The licensing authority must generally file the receipt with the court within 48 hours.
14. Ownership vs. Possession
However, the respondent may not maintain possession or control of firearms or ammunition during the order or while an appeal is pending.
15. Transfer of Firearms During an ERPO
Section 131S limits what may happen to firearms required to be surrendered.
A respondent generally may not transfer required surrendered property to another private person.
If the respondent no longer wants the firearms returned or is no longer eligible to possess them, title may be sold or transferred to a licensed firearm dealer, subject to the statutory procedure.
16. Firearms Owned by Someone Else
A person other than the respondent may claim lawful ownership of firearms or ammunition surrendered or seized in an ERPO case.
If the licensing authority determines that person is the lawful owner, the property may be returned if:
- the property is removed from the respondent's control, ownership, or possession;
- the lawful owner agrees to store the property so the respondent does not have access or control; and
- the owner may otherwise lawfully possess the property.
17. Modification, Suspension, or Termination
The court may modify, suspend, or terminate an ERPO upon motion by either party.
The statute requires notice and a hearing on the motion.
18. Renewal
An ERPO may remain in effect for up to one year and may be renewed.
The court must notify the petitioner not less than 30 calendar days before expiration that the order is scheduled to expire and that a renewal petition may be filed.
19. What Happens When the Order Expires?
Under §131S, the licensing authority must first confirm that the respondent:
- is suitable for an LTC or FID; and
- may lawfully control, own, or possess firearms and ammunition under state and federal law.
The licensing authority must also notify the petitioner before returning firearms or ammunition as provided in the statute.
20. Appeal
Massachusetts law provides appellate review of ERPO proceedings.
21. False or Harassing Petitions
M.G.L. c. 140, §131V establishes criminal penalties for a person who files an ERPO petition:
- knowing that information in the petition is materially false; or
- with intent to harass the respondent.
22. Violation of an ERPO
The law requires each ERPO to contain that warning.
A violation of the surrender requirements in §131S can be punished by a fine of up to $5,000, imprisonment for up to 2½ years, or both.
23. GOAL Analysis
GOAL's existing Red Flag / ERPO page emphasizes that Chapter 135 substantially expanded Massachusetts ERPO law.
GOAL has particular concerns regarding:
- the expanded categories of people who can file petitions;
- emergency orders issued without advance notice;
- the immediate surrender of licenses, firearms, and ammunition;
- search warrants following failure to surrender;
- the effect of ERPO proceedings on firearm-license restoration;
- health-care-provider participation and records;
- the ability to renew orders; and
- due-process issues associated with temporary and emergency orders.
24. Chapter 135 Expanded the Petitioner List
- law-enforcement officers and agencies;
- health-care providers;
- school principals and assistant principals; and
- college and university administrators.
ERPO Timeline
| Event | General Rule |
|---|---|
| Petition filed | M.G.L. c. 140, §131R |
| Ordinary hearing | Generally within 10 days |
| Employment-related hearing | Generally within 2 days if the required affidavit is filed |
| Ordinary service | Generally at least 7 days before the hearing |
| Emergency ERPO | May be issued without prior notice if statutory requirements are met |
| Emergency-order duration | Generally up to 10 days unless a hearing is scheduled or further court action occurs |
| Firearm surrender | Immediate upon service of the ERPO |
| Failure to surrender | A warrant may issue after 24 hours when statutory probable-cause requirements are met |
| Maximum ERPO duration | Up to 1 year, subject to renewal |
| Renewal notice | Petitioner notified at least 30 days before expiration |
ERPO Checklist for a Respondent
Identify the court, hearing date, surrender requirements, and any warrant or emergency provisions.
ERPO deadlines can move quickly.
If a firearm is required for employment, review the statutory 2-day hearing provision.
The order applies to items controlled, owned, or possessed.
Make sure surrendered or seized licenses, firearms, and ammunition are documented.
Do not possess or control firearms or ammunition while the ERPO remains in effect.
ERPO proceedings can affect firearm ownership, licensing, employment, and property rights.
Expiration does not necessarily mean automatic return of licenses or firearms.
Primary Sources
- M.G.L. c. 140, §121 — definitions of ERPO, petitioner, respondent, court, and family or household member.
- M.G.L. c. 140, §131R — ERPO petitions.
- M.G.L. c. 140, §131S — hearings, orders, surrender, seizure, return, and related procedures.
- M.G.L. c. 140, §131T — emergency ERPOs.
- M.G.L. c. 140, §131V — materially false or harassing petitions.
- Massachusetts Trial Court — ERPO Statutes
- Massachusetts Trial Court — Request an ERPO
- GOAL — Chapter 135 Red Flag / ERPO Review
Massachusetts ERPO statutes, court procedures, agency guidance, and appellate decisions can change. For a pending ERPO proceeding, consider consulting an attorney familiar with Massachusetts firearm law.