GunsIn Oregon, New Gun Violence Restraining Orders Appear to Be Used as Intended

Published 11 June 2021

Extreme risk protection orders (ERPOs), also known as gun violence restraining orders, are civil court orders that grant temporary restrictions on purchasing and possessing firearms for individuals determined by a civil court judge to be at extreme risk of committing violence against themselves or others. A new study found that while ERPOs are commonly considered as a tool to remove guns from dangerous individuals, they should also be considered as a tool to prevent gun purchases by dangerous individuals.

Extreme risk protection orders (ERPOs), also known as gun violence restraining orders, are civil court orders that grant temporary restrictions on purchasing and possessing firearms for individuals determined by a civil court judge to be at extreme risk of committing violence against themselves or others. A new study examined ERPO use in Oregon in the first 15 months after it was adopted. The study found that while ERPOs are commonly considered as a tool to remove guns from dangerous individuals, they should also be considered as a tool to prevent gun purchases by dangerous individuals.

The study was conducted by researchers at Michigan State University (MSU), Columbia University, the University of Michigan, and Johns Hopkins University. It appears in Criminology & Public Policy, a publication of the American Society of Criminology.

The findings from our study can help us better understand how these laws are being used, including what types of behaviors are prompting others to file an ERPO petition,” explains April Zeoli, associate professor of criminal justice at MSU, who led the study.

As of 2020, 19 states and the District of Columbia had passed laws establishing ERPOs. Due to the newness of these laws, there is little research on the circumstances under which ERPO petitions are filed and the individuals for whom they are filed. Oregon enacted its ERPO law at the start of January 2018. Under the process, a law enforcement officer or family or household member may file a petition, and a hearing is held within one judicial business day. The petitioner has the burden of proving to the civil court judge that the respondent is at high risk for injury to themselves via suicide attempt or to others.

This study examined 93 petitions for ERPO cases through March 2019; petitions were accessed through public records requests.

At least one ERPO petition was filed in 22 of Oregon’s 36 counties during the study period. Most ERPO respondents were reported by petitioners to have histories of interpersonal violence (75 percent) or suicidality (73 percent), and more than half of those were reported to have threatened suicide by using a gun. More than half of ERPO respondents reportedly made both suicide threats or attempts, and threats or use of violence against others, which is higher than in other states, the authors note.