VermontBiz The Vermont Department of Public Safety has released a guide on Extreme Risk Protection Orders (ERPOs), aimed at providing prosecutors, law enforcement officers, family and household members, and community members with a clear understanding of the process to obtain an ERPO.
ERPOs, also known as “red flag laws,” allow courts to issue an order that temporarily restricts access to dangerous weapons for individuals who are deemed to be at an elevated risk of harming themselves or others. According to early research, ERPOs can be effective in preventing gun deaths, including suicides and mass shootings.
State’s Attorneys’ Offices, the Attorney General’s Office, and family and household members in Vermont can file a petition with the court to request an Extreme Risk Protection Order. If an order is granted, the person subject to the court order must relinquish firearms and other dangerous weapons for periods from 14 days to six months, depending on the circumstances.
The newly available DPS guide provides a step-by-step overview of the process to obtain an ERPO and offers practice tips for prosecutors and advice for family and household members, and community members. The guide also includes example cases, sample forms, and links to court forms, statutes and court rules. Additionally, the guide explains the difference between an Extreme Risk Protection Order and a Relief from Abuse Order.
The 118-page guide is available on the DPS website.
Source: Vermont Department of Public Safety. 7.7.2023.
