22 States Can Take Your Guns Before You're Charged

Here's how it works: a family member, neighbor, coworker — or in some states, a medical professional — files a petition claiming you're a danger to yourself or others. A judge signs a temporary order, sometimes without you appearing in court or even knowing the petition exists. Law enforcement shows up. Your guns disappear. Your concealed carry permit is revoked.

That's not due process. That's guilty until proven innocent.

So-called Extreme Risk Protection Orders, or ERPOs, now operate across 22 states plus D.C. — California, New York, Illinois, New Jersey, Colorado, Washington, Oregon, and 15 more. These aren't fringe policies confined to a few anti-gun strongholds. They cover nearly half the country and affect tens of millions of legal gun owners.

The constitutional problems are glaring. The Fourth Amendment protects against unreasonable seizure of property. The Fifth Amendment guarantees due process before the government strips a fundamental right. Red flag laws sidestep both — by design. Supporters call it a safety tool. It's prior restraint on a constitutional right.

These orders are ripe for abuse. A bitter divorce, a family dispute, a disgruntled neighbor with a grudge — any of these can now put armed officers at your door demanding your property. You haven't threatened anyone. You haven't committed a crime. Under an ERPO, that doesn't matter.

Acting AG Todd Blanche has issued no federal guidance challenging the due process failures baked into these statutes — and that silence is deafening. The Supreme Court's Bruen decision made clear that gun rights cannot be casually restricted without deep historical precedent. Red flag law architects are betting courts won't act fast enough to protect your rights before the orders do their damage.

Know your state's laws cold. Consult a Second Amendment attorney now — not after the knock on the door. Contact your state legislators and demand robust due process protections or full repeal of ERPO statutes. Your rights don't take a day off, and neither should you.