Skip to main content
S 3038Civil Procedure

Courts and Civil Procedure - Extreme Risk Protection Orders

This bill mandates that anyone subject to a temporary Extreme Risk Protection Order must be taken to a hospital emergency room.

Held for study
Population
Affected
15
Email Legislator
Introduced Mar 5, 2026Committee Senate Judiciary

Plain-English Summary

This legislation amends the existing laws regarding Extreme Risk Protection Orders (often called "Red Flag" laws). Currently, a judge can issue a temporary order to remove firearms from a person if there is probable cause to believe they pose a significant danger to themselves or others. This bill adds a requirement that if such a temporary order is issued, the judge must also order that the individual be taken into protective custody by the police and transported to a hospital emergency room for a mental health evaluation.

For younger readers

Sometimes, a judge decides that a person is acting safely enough to have guns because they might hurt themselves or other people. When this happens, the police take the guns away for a short time to keep everyone safe. This new law says that when the judge makes this decision, the police must also take that person to a hospital. This is so doctors can check on them to see if they need help, medicine, or care to feel better and stop being dangerous.

Who & Where It Applies

Impacted groups
Gun ownersLaw enforcement agenciesHospital emergency room staffJudiciary and court clerksIndividuals with mental health conditions
Impacted communities
All

Constitutional & Fiscal Check

High. The bill mandates physical custody and involuntary transport to a hospital based on an ex parte hearing (a hearing where the accused is not present). This raises significant Due Process concerns regarding the deprivation of liberty without a specific medical finding of "danger" by a clinician or a full adversarial hearing. It also implicates 4th Amendment protections against unreasonable seizures of the person.

Estimated cost
Amount unknown
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Ensures that individuals identified as dangerous receive immediate medical and mental health attention, rather than simply having their weapons removed without addressing the underlying crisis.
  • Shifts the response to potential violence toward a public health model by involving hospital emergency rooms and medical professionals in the intervention process.
  • May help prevent suicide and self-harm more effectively by placing the individual in a secure medical environment during a period of acute crisis.
  • Mandates involuntary police custody and hospitalization based on a civil order, which deprives individuals of liberty and bodily autonomy without a criminal conviction or prior medical diagnosis.
  • Increases the potential for traumatic interactions between law enforcement and individuals in mental health crises, which can sometimes escalate to violence or use of force.
  • Could discourage family members from seeking help or filing protection orders if they fear their loved one will be automatically arrested and forced into a hospital against their will.
For Conservatives
  • Addresses the argument that mental health issues, rather than the inanimate object of a firearm, are the root cause of violence and danger in the community.
  • Provides a mechanism to immediately remove a potentially dangerous individual from the general public, enhancing the safety of the community and law-abiding citizens.
  • Ensures that a medical professional evaluates the individual, which could validate whether the person is truly unstable, potentially preventing frivolous claims from solely disarming a citizen.
  • Expands government overreach by mandating the physical seizure and involuntary hospitalization of citizens based merely on "probable cause" in a civil hearing where the accused is not present.
  • Violates due process rights by depriving individuals of their freedom and subjecting them to medical procedures without a trial or criminal charges.
  • Strengthens the "Red Flag" legal framework, which is often viewed as a tool to weaponize the judicial system against gun owners and bypass the Second Amendment.

Votes

Loading votes...

Full Bill Text

Changes to existing Rhode Island law · 4 additions

SECTION 1. Section 8-8.3-4 of the General Laws in Chapter 8-8.3 entitled "Extreme Risk Protection Orders" is hereby amended to read as follows: 8-8.3-4. Temporary orders — Proceedings.

(a) Upon the filing of a petition under this chapter, the court may enter a temporary order if the court finds there is probable cause from specific facts shown by the petition that the respondent poses a significant danger of causing imminent personal injury to self or others by having in his or her custody or control, or by purchasing, possessing, or receiving, a firearm before notice can be served and a hearing held. As part of that temporary order, the court shall also order that the respondent be taken into protective custody and taken to an emergency room of any hospital, pursuant to § 40.1-5-7.1.

(b) If the court finds probable cause under subsection (a) of this section and from the sworn affidavit, a search warrant shall issue pursuant to chapter 5 of title 12 for the search for any firearms in the possession, custody, or control of the respondent. The warrant shall be executed pursuant to chapter 5 of title 12.

(c) When the court is unavailable after the close of business, a petition and affidavit may be filed before any available superior court judge.

(d) Any order and warrant issued under this section, and any documentation in support of an order and warrant, shall be filed immediately with the clerk of the superior court. The filing shall have the effect of commencing proceedings under this chapter and invoking the other provisions of this chapter.

(e) A temporary extreme risk protection order must include:

(1) A statement of the grounds supporting the issuance of the order;

(2) The date and time the order was issued;

(3) A statement that the order shall continue until such time as a court considers the petition pursuant to § 8-8.3-5 at a hearing;

(4) The address of the court that issued the order and in which any responsive pleading should be filed;

(5) The date and time of the scheduled hearing;

(6) The following statement: “To the subject of this protection order: This order will continue until the hearing scheduled on the date and time noted above. If any of your firearms have not been seized by the petitioner, you are under an obligation to immediately contact the petitioner to arrange for the surrender of any other firearms that you own and/or are in your custody, control, or possession, that have not been seized. You must surrender to the petitioner all firearms that you own and/or are in your custody, control, or possession, and also immediately surrender to the licensing authority or the attorney general any concealed carry permit issued to you pursuant to § 11-47-11 or § 11-47-18. While this order is in effect, it is illegal for you to have any firearm in your possession, custody, or control or for you to purchase, receive, or attempt to purchase or receive any firearm. You may seek the advice of an attorney as to any matter connected with this order. If you believe you cannot afford an attorney, you are hereby referred to the public defender for an intake interview, and if eligible, the court shall appoint an attorney for you.”

(7) Any temporary extreme risk protection order issued pursuant to this section shall continue until the time of the hearing pursuant to § 8-8.3-5. If the court continues a hearing pursuant to § 8-8.3-5, the temporary order shall remain in effect until the next hearing date.

(f) The court shall schedule a hearing within fourteen (14) days of the issuance of a temporary extreme risk protection order to determine if a one-year extreme risk protection order should be issued under this chapter.

(g) A temporary extreme risk protection order shall be immediately personally served by the petitioner along with supporting documents that formed the basis of the order, the notice of hearing, and the petition for the one-year extreme protection order. Alternative service shall be in accordance with § 8-8.3-6. Service issued under this section takes precedence over the service of other documents, unless the other documents are of a similar emergency nature. If timely personal service cannot be made, the court shall set a new hearing date and shall require additional attempts at obtaining personal service or permit alternative service as provided in this chapter.

(h) If the court declines to issue a temporary extreme risk protection order, the court shall state in writing the reasons for the denial.

SECTION 2. This act shall take effect upon passage.