In 2019, Hawaii enacted a law that enables certain individuals to petition a court to disarm a person in crisis.1 The law, called a gun violence protective order, also known as an extreme risk protection order (ERPO), allows a law enforcement officer, family or household member, medical professional, educator, or coworker to file a petition demonstrating to a judge that an individual poses a danger to himself, herself, or others. If the court determines that the petitioner has met the standard of proof, it will issue an order that lasts up to one year and prohibits the individuals from purchasing or possessing firearms or ammunition. An individual subject to an ERPO must relinquish any guns or ammunition in his or her possession to law enforcement and will be prohibited from purchasing or possessing firearms or ammunition for the duration of the order.
A temporary ERPO can be obtained without notice to the individual subject to the ERPO. This order can last up to 14 days, before a hearing is held to determine whether a year-long order is appropriate.2
The respondent can submit a request during the period of the order to hold a hearing to terminate the order early.3
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- Haw. Rev. Stat. Ann. § 134-61 et seq.