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SD 409

Extreme Risk Protective Orders (ERPO) 2024 Report

194th Legislature (2025-2026)

Massachusetts ERPO bill enables courts to temporarily remove firearms from individuals posing substantial harm risk through civil petitions with due process protections.

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WeVote Research Nonpartisan
Bill Summary · SD 409

Legislative bill overview

SD 409 is a Massachusetts bill establishing an Extreme Risk Protective Order (ERPO) system, commonly known as a "red flag" law. The bill creates a civil court process allowing law enforcement, healthcare providers, educators, and certain family members to petition for temporary removal of firearms from individuals deemed to pose a substantial risk of harm to themselves or others. The measure includes due process protections, required hearings, and provisions for firearm return once the risk has diminished.

Why is this important

ERPO laws represent a policy tool aimed at preventing gun violence and suicide by temporarily restricting access to firearms during crisis periods. Massachusetts would join over 20 states with similar legislation, reflecting a growing national trend in firearm regulation. The real-world impact depends heavily on implementation details: effectiveness depends on awareness among petitioners, court efficiency, and whether the law reaches high-risk situations before incidents occur.

Potential points of contention

  • Second Amendment concerns: Opponents argue the law may violate constitutional rights by removing firearms without criminal charges, though supporters counter that civil proceedings with due process protections are constitutionally permissible
  • Due process specifics: Debate over whether the bill provides adequate safeguards, including notice requirements, hearing standards, and burden of proof thresholds
  • Implementation burden: Questions about whether courts, law enforcement, and mental health systems have adequate resources to manage petitions and enforcement fairly

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

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