California Red Flag Law

The “California Red Flag Law” is also an extreme risk protection order (ERPO) that allows family members, household members, and law enforcement officers to seek a court order to temporarily remove firearms from individuals who are deemed to pose a risk to themselves or others. The law was signed by California Governor Jerry Brown in September 2014 and became effective on January 1, 2016.

Under the California law, if a court finds that an individual poses a significant danger of harm to themselves or others, the court can issue an order prohibiting the person from possessing firearms and ammunition for up to one year. The order can also be extended for additional one-year periods upon a showing of continued danger.

The law also allows law enforcement officers to petition for an ERPO without notifying the individual in question beforehand if they have reasonable cause to believe that the individual poses an immediate and present danger of harm to themselves or others.

The California Red Flag Law is similar to the New York Red Flag Law and other ERPO laws in other states, and it is designed to help prevent gun violence by temporarily removing firearms from individuals who are exhibiting dangerous behavior. However, like the New York law, the California law has been controversial, with some arguing that it infringes on Second Amendment rights and others arguing that it is a necessary tool for preventing gun violence.