AN ACT RELATING TO COURTS AND CIVIL PROCEDURE -- EXTREME RISK PROTECTION ORDERS

2026 Regular Session Introduced by Pete Appollonio and 6 co-sponsors

The bill allows courts to issue a temporary ERPO to remove firearms and place the respondent in protective custody pending a hearing within 14 days.

05/19/2026 Committee recommended measure be held for further study

Overview

SB 3038 (Rhode Island, 2026) amends the state’s Extreme Risk Protection Orders (ERPO) framework, focusing on temporary ERPOs (emergency orders) and the procedures for seizing firearms and protecting involved parties. It emphasizes immediate protective actions, including law enforcement involvement and custody of the respondent, pending a formal hearing.

Main purpose and intent

Strengthen the ability of courts to act quickly when there is probable cause that a respondent poses a significant danger to self or others due to firearm access.

Ensure firearms are temporarily removed from the respondent and that the respondent is evaluated in a medical setting to address imminent risk.

Establish timelines and service requirements to move from a temporary order to a longer-term one (up to one year) after a hearing.

Key provisions and changes

Temporary ERPO and protective custody

If the petition shows probable cause that the respondent poses imminent danger with firearms, the court may issue a temporary ERPO.
The order requires the respondent to be taken into protective custody and transported to an emergency room, under statutory authority § 40.1-5-7.1.

Firearm search and seizure

Upon probable cause, the court may issue a search warrant for firearms in the respondent’s possession, to be executed under existing search warrant procedures.

Filing and timing

If the court is unavailable after business hours, filing can proceed with another available superior court judge.
All orders, warrants, and supporting documentation must be filed with the clerk of the superior court to initiate ERPO proceedings.

Contents of a temporary ERPO

Must include grounds, issuance date/time, duration until the petition hearing, hearing location, and scheduled hearing time.
Must include a notice to the subject about surrendering firearms, notifying licensing authorities, and potential representation by counsel or public defender if eligible.
Explicitly states it is illegal to possess, purchase, or attempt to possess firearms during the order.

Hearing timeline

A hearing to determine whether to issue a one-year ERPO must be scheduled within 14 days of the temporary order.

Service of process

Temporary ERPO and related materials must be personally served on the respondent. If personal service fails, the court must provide alternatives and reschedule as needed.

Court’s decision on temporary order

If the court declines to issue a temporary ERPO, it must provide written reasons.

Effective date

The act takes effect upon passage.

Who is affected

Respondents subject to ERPO petitions.

Petitioners seeking ERPOs (often family members or law enforcement).

Law enforcement and courts, which gain authority to detain, conduct protective custody, and pursue firearm seizures.

Licensing authorities and potentially the public defender’s office (for appointed counsel if eligible).

Procedural and timeline aspects

Immediate action possible: temporary ERPO and protective custody with potential firearm seizure.

Hearing requirement: a 14-day deadline to determine whether a one-year ERPO should be issued.

Service requirements: emphasis on personal service, with contingency for alternative service if needed.

Documentation: mandatory filing with the superior court clerk to commence proceedings.

This bill reinforces rapid protective measures when there is credible evidence of imminent risk related to firearms, while codifying procedural steps for custody, firearm removal, and hearings.