Imagine waking up to find law enforcement at your door, and your firearms are gone, without warning. In some states, this scenario isn’t fictional—it’s legal under “red flag” or Extreme Risk Protection Order (ERPO) laws. Understanding where police can confiscate firearms without warning helps gun owners and families stay informed. Here are five states with these laws, explaining how they work, and showing what steps you can take to protect your rights. Stay tuned—it’s vital info for anyone with a firearm.
Law Enforcement Can Confiscate Firearms Without Warning In These States
1. California
California’s confiscation of firearms without warning operates under its Gun Violence Restraining Order (GVRO) framework. Officers or family members can petition a court to remove guns from individuals deemed dangerous before any trial. Once a judge issues the order, law enforcement can seize weapons immediately, without notice. They must then hold a hearing, typically within two weeks, to decide if the order continues. If upheld, the order can last up to one year, and the owner can only regain firearms if they comply with the court’s decision.
2. Florida
Florida enacted its red flag law in 2018, after the Parkland tragedy. Law enforcement is empowered to confiscate firearms without warning from individuals deemed a threat based on an ex parte hearing, before the individual even knows. Officers then present evidence to a judge to justify the confiscation and, if granted, the order can be extended for a year. Florida courts currently issue thousands of such orders annually, demonstrating how seriously the law is used. This makes Florida one of the most active states in enforcing confiscation of firearms without warning measures.
3. Connecticut
Connecticut pioneered the nation’s first ERPO law in 1999. Under state law, police must file ex parte petitions to confiscate firearms without warning if a person poses an imminent risk. Firearms seized in this way are held until a hearing determines whether to continue the order. Over the first fourteen years, more than 760 confiscations occurred, with many guns destroyed or held by police. This long-running history shows how entrenched the process is in Connecticut law.
4. Indiana
Indiana followed Connecticut with its ERPO law in 2005, also allowing officers to confiscate firearms without warning following an ex parte order. That order is valid until a court hearing—often within days—decides on continued seizure. Between 2006 and 2013, Marion County alone issued over 400 such orders, often linked to suicide risk or domestic disputes. In most cases, the court retained firearms when the respondents didn’t show up at hearings. These enforcement numbers highlight how the confiscation of firearms without warning provisions plays out in practice.
5. Oregon
Since 2018, Oregon’s red flag law has empowered law enforcement to petition for ex parte orders and confiscate firearms without warning from individuals deemed dangerous. A judge must hold a follow-up hearing within two weeks to confirm or lift the order. In its first 22 months, Oregon courts processed 166 petitions, with most ending in confiscation, especially for suicide or domestic violence risks. Counties vary widely in usage, though some haven’t used the law at all. Still, Oregon is clearly among the states where police can confiscate firearms without warning, highlighting the reach of red flag laws.
Know the Process—and Know Your Rights
If you live in a state with ERPO/red flag laws, you’re trusting that police and courts can legally confiscate firearms without warning. These orders begin quietly and swiftly, but you’ll get a hearing within approximately two weeks. That’s your chance to argue why the order shouldn’t continue. Evidence protections vary by state, but legal representation is key—think civil proceeding, not criminal. To protect yourself: store firearms privately when not in use, understand your state’s hearing timeline, and be ready to present evidence such as mental-health evaluations or character witnesses.
Have you or someone you know encountered a red flag or ERPO process? How did you respond, and what advice would you share? We’d love to hear your experiences and insights in the comments below.
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