This page provides general educational information concerning Massachusetts Extreme Risk Protection Orders. It may not address every law, court rule, procedure, exception, court decision or individual circumstance.
This information is not legal advice. Anyone involved in an ERPO proceeding should consider consulting a qualified attorney and reviewing the current controlling law.
Massachusetts Red Flag Law / Extreme Risk Protection Orders
Massachusetts law provides a court procedure known as an Extreme Risk Protection Order (ERPO), commonly referred to as a "Red Flag" order.
The principal Massachusetts ERPO statutes are M.G.L. c. 140, §§131R through 131Y.
Chapter 135 of the Acts of 2024 made significant changes to these laws, including expanding the categories of people and entities that may petition for an ERPO.
Primary Massachusetts Law
- M.G.L. c. 140, §121 — ERPO, petitioner, respondent and related definitions.
- M.G.L. c. 140, §131R — petitions.
- M.G.L. c. 140, §131S — hearings, orders and surrender.
- M.G.L. c. 140, §131T — emergency ERPOs and enforcement.
- M.G.L. c. 140, §131U — notice to state and federal authorities and systems.
- M.G.L. c. 140, §131V — materially false information and harassment.
- M.G.L. c. 140, §131W — forms, instructions and regulations.
- M.G.L. c. 140, §131X — other lawful authority and related provisions.
- M.G.L. c. 140, §131Y — reporting.
Official Legal Resources
- Massachusetts Court System — Extreme Risk Protection Orders
- Who Can Request an ERPO
- Massachusetts ERPO Process
1. What Is an ERPO?
Under Massachusetts law, an Extreme Risk Protection Order is a court order that can:
- immediately suspend a respondent's License to Carry (LTC);
- immediately suspend a respondent's Firearm Identification Card (FID);
- require surrender of firearms and ammunition controlled, owned or possessed by the respondent; and
- make the respondent ineligible for a new LTC or FID while the order remains in effect.
An ERPO may remain in effect for up to one year and may be renewed through the statutory process.
Important: An ERPO proceeding concerns more than possession of a particular firearm. Issuance of the order affects the respondent's Massachusetts firearm licensing status and firearms and ammunition under the respondent's control, ownership or possession.2. Who Can File an ERPO Petition?
Current Massachusetts law authorizes several categories of petitioners.
Family or Household Member
A person who satisfies the statutory family or household-member definition.Licensing Authority
The licensing authority of the municipality where the respondent resides.Law Enforcement
A qualifying law enforcement agency or officer that interacted with the respondent in an official capacity within the preceding 30 days.Health Care Provider
A qualifying health care provider that provided health care services to the respondent within the preceding six months.School Officials
A principal or assistant principal of an elementary or secondary school where the respondent is enrolled.College / University Officials
An administrator of a college or university where the respondent is enrolled.These categories come from the current statutory definition of "petitioner" in M.G.L. c. 140, §121.
3. What Must a Petition Claim?
Under §131R, a petitioner may seek an ERPO when the petitioner believes the respondent may pose a risk of causing bodily injury to themselves or others.
The petition must be signed under the pains and penalties of perjury and must provide information supporting the request, including the reasons the petitioner believes the respondent poses the relevant risk involving possession or control of a firearm or ammunition.
4. The Court Hearing
After a petition is filed, Massachusetts law provides procedures for a court hearing.
At the full hearing, the court determines whether the petitioner has demonstrated by a preponderance of the evidence that the respondent poses the risk required by the statute.
Preponderance of the evidence is the statutory standard applicable to issuance of the full ERPO. It is different from the criminal-law standard of proof beyond a reasonable doubt.If the court grants the petition, it orders surrender of the respondent's firearm licenses and firearms and ammunition controlled, owned or possessed by the respondent.
5. Emergency ERPOs
AN EMERGENCY ERPO CAN BE ISSUED WITHOUT PRIOR NOTICE TO THE RESPONDENT.Under M.G.L. c. 140, §131T, a court may issue an emergency ERPO without notice to the respondent and before the ordinary hearing when the statutory requirements are satisfied.
The standard for the emergency order is reasonable cause to conclude that the respondent poses a risk of causing bodily injury to themselves or others through the circumstances described by the statute.
An emergency order issued under this provision generally expires 10 days after issuance unless a hearing is scheduled as provided by the statute or other statutory action occurs.
6. What Happens When an ERPO Is Issued?
An ERPO can result in immediate consequences.
License Suspension
The respondent's LTC and/or FID is subject to immediate suspension and surrender.Firearm Surrender
Firearms controlled, owned or possessed by the respondent must be surrendered as directed by the order.Ammunition
The surrender requirement also applies to ammunition controlled, owned or possessed by the respondent.New Licenses
The respondent is ineligible for a new LTC or FID while the ERPO remains in effect.7. Failure to Surrender
FAILURE TO COMPLY WITH A SURRENDER ORDER CAN LEAD TO A SEARCH WARRANT.Massachusetts law establishes procedures for situations in which a respondent does not surrender firearms or ammunition as required.
Section 131T should be reviewed carefully because the circumstances, timing and statutory requirements governing enforcement can be significant in an individual case.
8. Property Belonging to Someone Else
An ERPO proceeding can involve firearms that are owned by someone other than the respondent.
Massachusetts law contains procedures addressing the interests of lawful third-party owners.
Ownership alone may not resolve the issue. Whether the respondent would continue to have access to or control over the firearm can be important.9. Modification, Suspension or Termination
An ERPO is not necessarily unchangeable for its entire duration.
Section 131S permits the court to modify, suspend or terminate its order upon motion by either party, subject to notice and a hearing.
The statute also provides procedures concerning expiration and renewal of an order. The court must notify the petitioner not less than 30 calendar days before the scheduled expiration that a renewal petition may be filed.
10. Expiration Does Not Necessarily Mean Immediate Return
EXPIRATION OF AN ERPO SHOULD NOT BE ASSUMED TO MEAN AUTOMATIC, IMMEDIATE RETURN OF A FIREARM LICENSE OR FIREARMS.Separate firearm-licensing and legal-eligibility requirements can affect what happens after an ERPO expires or is terminated.
A respondent should determine the status of the LTC or FID and the applicable legal procedures before attempting to retrieve surrendered firearms or ammunition.
11. False or Harassing Petitions
M.G.L. c. 140, §131V addresses petitions containing materially false information and petitions filed with an intent to harass.
The existence of this provision does not eliminate the need to respond to an ERPO petition or order that has actually been filed or issued.
12. Health Care Providers
Chapter 135 expanded the ERPO law to include qualifying health care providers who provided health care services to the respondent during the preceding six months.
The statute also addresses disclosure of protected health information in connection with an ERPO application or renewal.
Section 131X provides that an authorized health care provider filing an application or renewal may disclose protected health information only to the extent necessary for the investigation and disposition of the ERPO application or renewal.
13. ERPOs and Other Firearm-Licensing Authority
The ERPO statutes do not eliminate other authority available to law enforcement or firearm licensing authorities.
Section 131X expressly provides that the ERPO statutes do not prevent law enforcement from removing firearms or ammunition, or conducting lawful searches and seizures, under other legal authority.
The statute also provides that the ERPO provisions do not supersede or limit a licensing authority's separate lawful authority to suspend or revoke an LTC or FID.
14. If You Are Served With an ERPO
DO NOT IGNORE THE ORDER OR COURT DOCUMENTS.An ERPO can affect firearm possession, ammunition possession, licensing and property rights immediately.
A respondent should carefully review:
- the petition;
- the ERPO itself;
- the date and time of the hearing;
- all surrender instructions;
- the firearms and ammunition identified in the documents;
- any accompanying notice concerning rights and procedures; and
- the current Massachusetts statutes and court rules.
Massachusetts court guidance states that a respondent has the right to hire an attorney to represent them in ERPO proceedings.15. GOAL Analysis
GOAL Analysis
Massachusetts' ERPO law should be understood as a separate civil court process with potentially immediate consequences for firearm licenses, firearms and ammunition.
Chapter 135 substantially broadened the categories of people who may initiate that process. The current law includes certain law enforcement officers, health care providers and educational officials in addition to family or household members and licensing authorities.
Because an emergency order can be issued before the respondent has an opportunity to participate in a hearing, GOAL believes firearm owners should understand the procedures governing notice, surrender, hearings, modification, renewal and restoration.
Massachusetts firearm laws, court procedures and agency guidance can change. Always review the current controlling law and court materials.