Democrats Announce Extreme Risk Protection Order Legislation to Prevent Suicide and Gun Violence
Gov. Evers, Attorney General Kaul join Rep. Sargent and Sen. Taylor in supporting extreme risk protection orders
MADISON — Gov. Tony Evers and Attorney General Josh Kaul today joined Rep. Melissa Sargent (D-Madison) and Sen. Lena Taylor (D-Milwaukee) to announce LRB-4383, a bill creating an extreme risk protection order (ERPO) process, which offers families and law enforcement officers the opportunity to act swiftly by seeking temporary removal of firearms by a judge when they believe someone is at risk of harming themselves or others. They released the following statements:
Gov. Evers: “It’s time to listen to the will of the people who overwhelmingly want elected officials to start taking gun violence seriously for our kids, our communities, and our state. In a state where nearly three of four gun deaths are suicide, having an ERPO process could be an important tool in helping us address firearm-related suicides in Wisconsin, and to intervene to get folks in crisis the help and treatment they need.”
Attorney General Kaul: “Law enforcement officers protect and serve communities across Wisconsin. We need to ensure that, when necessary, they have tools available to intervene and prevent tragedies. This legislation empowers law enforcement officers, as well as family and household members, with a tool they can use to take action—and potentially save lives—when people exhibit warning signs showing that they present a threat to the safety of themselves or others.”
Background on LRB-4383:
Under current law, a person against whom a domestic abuse or child abuse injunction has been granted is subject to automatic firearm surrender and are prohibited from purchasing or possessing a firearm. The proposed legislation mirrors this existing temporary restraining order (TRO) and injunction processes.
Under the proposed ERPO process, if a person is likely to injure themselves or another person, a family member, a household member, or a law enforcement officer may petition to temporarily prevent the person from possessing a firearm. A court would issue the TRO and subsequent injunction based on the court finding reasonable grounds that the person is substantially likely to injure the respondent or another person if they possess a firearm. Under the legislation, the ERPO injunction would be effective for up to one year and could be extended by petition if the court believes the person continues to be at risk for injuring themselves or another person.
17 other states and the District of Columbia have implemented ERPO laws similar to today’s proposal and have been successful in preventing deaths.
Find a copy of LRB-4383 here.
Office of the Governor
- AG Kaul to U.S. Attorney General Garland: Firearm Regulations Must Include Ghost Guns - Wisconsin Department of Justice - Aug 20th, 2021
- Op Ed: Legal Firearms Used in Many Mass Shootings - O. Ricardo Pimentel - May 26th, 2021
- Bipartisan legislation a positive step forward for gun reform - Common Council President Cavalier Johnson - May 17th, 2021
- Bipartisan Bill Bans Guns For Those Convicted of Domestic Violence - Erik Gunn - May 14th, 2021
- Club Midtown isn’t a thing - Common Council President Cavalier Johnson - May 5th, 2021
- County Executive David Crowley Statement on Recent Acts of Gun Violence - County Executive David Crowley - May 4th, 2021
- Republicans Continue to Show their True Colors with Upcoming Budget Plans: The Time for Action is Now - State Sen. Melissa Agard - May 3rd, 2021
- Continued gun violence underscores the need for change - Common Council President Cavalier Johnson - May 3rd, 2021
- Senator Agard: Statement on Shooting Tragedy at the Oneida Casino Complex - State Sen. Melissa Agard - May 2nd, 2021
- Gov. Evers Releases Statement Regarding Shooting at Oneida Casino Complex - Gov. Tony Evers - May 1st, 2021
Read more about Gun Violence here