We Have Been Pushing ERPO for Years — Now States are Starting to Catch On

Following a tragedy like the one at Marjory Stoneman Douglas High School in Parkland, Florida, Americans ask, “How did this happen?” We want to understand how our legal system and law enforcement procedures failed to stop this carnage. How was an individual — especially one who displayed clear signs of dangerous behavior — allowed to stockpile weapons and murder innocent students and teachers?

One reason is because Florida lacks the tool to remove guns from an individual who is displaying dangerous behavior. This mechanism is known as an Extreme Risk Protection Order (ERPO) or a Gun Violence Restraining Order (GVRO). It allows family members or law enforcement officers to remove guns from an individual who is a threat to themselves or others before a tragedy occurs. The Educational Fund to Stop Gun Violence (Ed Fund) and the Coalition to Stop Gun Violence (CSGV) have been calling on states across the country to enact this life-saving tool for the past five years. And now, it seems, the country is listening.

After the massacre at Sandy Hook Elementary School, the Ed Fund convened a group of the nation’s leading researchers, practitioners, and advocates in gun violence prevention and mental health to study the link between gun violence and mental illness. Based on the evidence, they concluded that instead of focusing on a mental health diagnosis, gun violence prevention policies should focus on preventing access to firearms by individuals displaying signs of dangerous behavior. The group — the Consortium for Risk-Based Firearm Policy — recommended that states develop a mechanism for family members and law enforcement to petition the court to authorize temporary removal and prohibition of guns based on a credible risk of physical harm to self or others. And the ERPO policy was born.

The Ed Fund immediately began working with a group in California to pass the first GVRO law. Partnering with a broad coalition of stakeholders and longtime California advocates, CSGV helped pass the law following a mass shooting at UC Santa Barbara in Isla Vista, California. Since its enactment in 2014, CSGV has continued to work with gun violence prevention stakeholders in implementing and educating the public on how to effectively use these laws to prevent future acts of gun violence.

Following implementation in California, the Ed Fund frequently highlighted how other states could use ERPO laws to prevent the next mass shooting.

In June 2015, a man with a history of violent and threatening behavior attacked the Dallas Police Department with an arsenal of weapons, turning the scene into what was described as a “war zone.” The Ed Fund asked the question, “What might have been different if Texas had a Gun Violence Restraining Order (GVRO) policy in place?”

About a month later, a man with a history of violent and threatening behavior opened fire in a movie theater in Lafayette, Louisiana. He killed two young women. Once again we asked, “How can we keep those who are in crisis, and at an elevated risk of violence, from obtaining firearms?” ERPO.

The next summer, another angry man with a history of violent outbursts, violent behavior, and domestic abuse ambushed a gay nightclub in Orlando, Florida. He killed 49 people, which at the time was the deadliest mass shooting in modern American history. We focused on his history of violence and urged all Americans to contact their state legislators and ask them the following: “Is your chamber considering a GVRO bill? If not, when will you be introducing one?” Had Florida lawmakers taken up an ERPO-style bill following Orlando, it is possible that the Parkland shooting never would have happened.

Washington state passed ERPO in 2016 through ballot initiative and Oregon followed suit during their 2017 legislature. As an organization, we are committed to finding new states where these life-saving laws could be passed and implemented. Ed Fund staff was in the midst of working on ERPO legislation in Virginia, Massachusetts, and Delaware. Then Parkland happened.

ERPO laws are now being discussed everywhere. In newspaper op-eds, on CNN town halls, and by people and in publications we never expected — the National Review, Senator Marco Rubio, Governor Rick Scott, and President Donald Trump. Effective ERPO laws have been proven to save lives, and we are glad everyone else is catching on. Now, once again, we encourage states to take action…before it’s too late.