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HD 4261

An Act repealing red flag laws

194th Legislature (2025-2026) Introduced by John Gaskey

Repeal Massachusetts's extreme risk protection order law that allows courts to temporarily remove firearms from individuals deemed dangerous.

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WeVote Research Nonpartisan
Bill Summary · HD 4261

Legislative bill overview

HD 4261 proposes to repeal Massachusetts's extreme risk protection order (ERPO) law, commonly known as the "red flag law." This law currently allows law enforcement, healthcare providers, and certain family members to petition courts to temporarily remove firearms from individuals deemed to pose a significant danger to themselves or others. The bill would eliminate this legal mechanism entirely.

Why is this important

Red flag laws represent a significant policy intervention in firearm ownership and mental health crisis response. Massachusetts's ERPO law has been used in hundreds of cases since its 2018 enactment, affecting debates over balancing public safety, mental health intervention, and Second Amendment protections. The outcome of this bill would signal a major shift in the state's approach to preventing firearm-related harm during crises.

Potential points of contention

  • Constitutional interpretation: Supporters argue ERPOs protect public safety; opponents contend they violate due process and Second Amendment rights, especially regarding temporary removal without full criminal proceedings
  • Effectiveness evidence: Disagreement over whether empirical data demonstrates ERPOs meaningfully reduce suicides and mass shootings versus their implementation costs and false positives
  • Implementation concerns: Questions about whether courts properly evaluate petitions, whether safeguards against abuse are adequate, and whether the law disproportionately affects certain populations

Compiled from official sources — confirm details with the bill’s official record.

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