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Posted on: September 5, 2019

Extreme Risk Directive

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On September 1st, 2019, The Extreme Risk Protective Order Act (“ERPO Act”) became effective. What exactly is the ERPO Act? The new law creates a process through which a family or household member, or a law enforcement officer, may apply for an order against a person who presents a significant danger of bodily injury to himself or others by possessing or purchasing a firearm. Issuance of such an order, known as an ERPO, prohibits that individual from possessing or purchasing a firearm or ammunition and from holding any firearms identification cards or permits. This directive also confirms that law enforcement officers must seek an ERPO from the Court wherever they have probable cause to believe that a person poses an immediate and present danger of causing bodily injury to self or others by having custody or control of, owning, possessing, purchasing, or receiving a firearm. At the same time, the Extreme Risk Directive confirms that law enforcement officers have a variety of other important tools to intervene in moments of crisis. These can include the Prevention of Domestic Violence Act, the Sexual Assault Survivor Protection Act, a mental-evaluation referral, a civil commitment, or criminal complaints, investigations, or charges.

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