Red Flag | Rhode Island Concealed Carry

Red Flag / Extreme Risk Protection Orders (ERPO)

Rhode Island enacted its Red Flag law in 2018, formally known as the Extreme Risk Protection Order (ERPO) statute, codified at R.I. Gen. Laws § 8-8.3-1 et seq.

Overview

Rhode Island's ERPO law allows law enforcement and certain individuals to petition the court to temporarily remove firearms from a person who poses a significant danger to themselves or others. These orders are intended as a preventive measure to reduce the risk of gun violence, including suicide.

Key Provisions

• Who may petition: Law enforcement officers and the state attorney general may file a petition for an ERPO.
• Standard of proof: The petitioner must demonstrate by a preponderance of the evidence (temporary order) or clear and convincing evidence (final order) that the respondent poses a significant danger of causing personal injury to self or others by possessing firearms.
• Temporary orders: A court may issue an emergency (ex parte) temporary ERPO based on an affidavit or sworn testimony, effective immediately.
• Duration: A final ERPO may last up to one year, with the possibility of renewal.
• Hearing requirement: A full hearing must be held within fourteen (14) days of the issuance of a temporary order.
• Firearm surrender: The respondent must surrender all firearms and ammunition to law enforcement within 24 hours of being served with the order.
• Due process protections: The respondent has the right to appear at the hearing, present evidence, and be represented by counsel. The respondent may also petition the court to terminate the order before its expiration.

Related Firearm Surrender Provisions

Separate from the ERPO statute, Rhode Island law also mandates firearm surrender in domestic violence cases:

R.I. Gen. Laws § 11-47-5.4 - Surrender of Firearms After Domestic Violence Offenses

• A plea of nolo contendere (resulting in a filing, probation, or conviction) for a domestic violence offense prohibits the defendant from purchasing, carrying, transporting, or possessing any firearm.
• The court shall order surrender of all firearms upon such a plea or conviction.
• Surrender timeline: Within 24 hours to Rhode Island State Police, local law enforcement, or a licensed gun dealer.
• Proof of surrender: Must be filed with the court within 48 hours, attesting that all firearms have been surrendered.
• A defendant transporting a firearm solely to comply with the surrender order is not liable to prosecution under §§ 11-47-5(d) or 11-47-8.
• Proof of surrender records are kept under seal and are not part of the public record.
• Surrendered firearms are deemed abandoned after 6 years following completion of the defendant's sentence, plus an additional 2-year notice period.
• The Rhode Island State Police are authorized to develop rules and procedures for firearm storage and disposal.

Enacted: P.L. 2017, ch. 374, § 3; P.L. 2017, ch. 385, § 3.

Important Notes for Permit Holders

• An active ERPO will result in the suspension or revocation of any concealed carry permit.
• Violation of an ERPO (e.g., failure to surrender firearms, attempting to purchase firearms while subject to an order) is a criminal offense.
• ERPO proceedings are civil in nature, but violations carry criminal penalties.
• Rhode Island's ERPO law operates independently from federal prohibitions on firearm possession (e.g., under 18 U.S.C. § 922(g)).

Note: Concealed carry permit holders should be aware that both ERPO orders and domestic violence-related firearm surrender orders can affect permit status and the legal right to possess firearms. Consult the full text of R.I. Gen. Laws § 8-8.3-1 et seq. and § 11-47-5.4 for complete statutory language.