Adopt and enforce extreme risk protection order laws
Recommendation
To reduce the risk of firearm-related violence and suicide, the Department of Justice should encourage states to adopt and enforce Extreme Risk Protection Orders (ERPO) laws, which allow law enforcement and family members to petition the court to temporarily remove firearms from individuals who pose a significant risk of harm to themselves or others.[1] Congress should appropriate funds through the Byrne State Crisis Intervention Program to support the implementation and enforcement of ERPO laws, including funding for training programs for law enforcement and mental health professionals.
Background/summary
Mass shooters, on average, exhibit four to five observable and concerning behaviors before their attacks[2]. Firearms are used in half of suicide deaths, and a majority of gun deaths are suicides.[3] In states without ERPOs, individuals who notice warning signs have no legal way to intervene to remove firearms. ERPO laws create a legal process to prevent firearm deaths through intervention.[4]
ERPO laws in multiple states have been shown to be a promising tool for preventing firearm homicides and suicides. A case study in California found that ERPOs had been used to remove firearms from 21 individuals who had threatened to commit mass shootings and that none of these shootings had occurred at the time of the study.[5] Another study showed that ERPO laws saved a life for every 10 firearms removed in Indiana and a life for every 10-20 firearms removed in Connecticut.[6]
citations
1. U.S. Department of Justice. "Commentary for Extreme Risk Protection Order Model Legislation." Last Updated June 7, 2021.
2. Silver, James, Andre Simons, and Sarah Craun. "A Study of Pre-Attack Behaviors of Active Shooters in the United States Between 2000 and 2013." Federal Bureau of Investigation. Last Updated June 2018.
3. The Educational Fund to Stop Gun Violence. Prevent Firearm Suicide - Statistics. Last Updated March 2, 2021.
4. Frattaroli, Shannon, and Josh Horwitz. "Extreme Risk Protection Order: A Tool to Save Lives." Bloomberg American Health Initiative. Last Accessed July 26, 2023.
5. Wintemute, Garen J., Veronica A. Pear, Julia P. Schleimer, Rocco Pallin, Sydney Sohl, Nicole Kravitz-Wirtz, and Elizabeth A. Tomsich. "Extreme Risk Protection Orders Intended to Prevent Mass Shootings." ACP Journals. Last Updated November 5, 2019.
6. Swanson, Jeffrey, Michele Easter, Kelly Alanis-Hirsch, Charles M. Belden, Michael Norko, Allison G. Robertson, Linda K. Frisman, Hsiu-Ju Lin, Marvin S. Swartz, and George F. Parker. "Criminal Justice and Suicide Outcomes with Indiana's Risk-Based Gun Seizure Law." ResearchGate. Last Updated June 2019.