CGS 29-38c:
Risk Protection Orders (Red Flag Law)

Connecticut General Statutes Section 29-38c establishes the state's risk protection order (RPO) framework, commonly known as the "red flag law." Enacted in 1999, Connecticut was the first state in the nation to pass such legislation. Indiana's firearm-seizure law is codified at IC 35-47-14.^[1][3]

Purpose of the Law

The RPO framework allows courts to authorize the seizure and retention of firearms, ammunition, and other deadly weapons from individuals at least eighteen years of age who are determined to pose a risk of imminent personal injury to themselves or others.^[1]

Who May Petition for a Risk Protection Order

Under the original law, a state's attorney, an assistant state's attorney, or two police officers could seek a warrant to seize firearms. Public Act 21-67, enacted in 2021 and effective June 1, 2022, allowed family or household members and medical professionals to apply to the court for a risk protection order investigation.^[1]

• Family and household members: A spouse, parent, child, sibling, grandparent, grandchild, step-parent, step-child, step-sibling, mother or father-in-law, son or daughter-in-law, or brother or sister-in-law who is eighteen years of age or older, a person residing with the subject of the application, a person who has a child in common with the subject, a person who is dating or an intimate partner of the subject, and a legal guardian or former legal guardian of the subject
• Medical professionals: Physicians, physician assistants, advanced practice registered nurses, psychologists, and clinical social workers who have examined the respondent

These applicants file an application and accompanying affidavit under oath with the court clerk for a risk protection order investigation. If the court finds a good faith belief that the person poses a risk of imminent personal injury to themselves or another person, it orders an investigation. Law enforcement then immediately investigates and seeks a risk protection order if it finds probable cause.^[1]

Procedure for Obtaining an RPO

The RPO process involves several steps:^[1]

• Investigation and probable cause determination: A state's attorney or police officer must determine that probable cause exists to believe the person poses a risk of imminent personal injury to themselves or others
• Warrant for seizure: As part of or following issuance of a risk protection order, a judge must issue a seizure warrant when probable cause establishes possession of firearms or other deadly weapons and their location within or upon a place, thing or person. No warrant may be issued on a police officer's application unless more than one police officer supports the application under oath. The warrant authorizes seizure of any and all firearms, other deadly weapons and ammunition
• NICS notification: When the court orders a risk protection order investigation, it immediately enters into the National Instant Criminal Background Check System (NICS) a record indicating that the person is ineligible to possess, purchase or otherwise receive a firearm. The court removes or cancels any NICS record associated with a risk protection order immediately upon termination of the order
• Hearing: The court must hold a hearing within 14 days after issuance of a risk protection order and, if applicable, a warrant. A copy of the order and warrant, if applicable, must be served on the respondent not later than three days before the hearing, with notice of the right to a hearing, the telephone number of the court clerk who can give the date and time of the hearing, and the right to be represented by counsel at the hearing

Factors Considered by the Court

In determining whether there is probable cause for a risk protection order and a warrant, the judge must consider recent threats or acts of violence and recent acts of cruelty to animals, and may consider other factors. The statute names these factors.^[1]

• Recent threats or acts of violence directed toward self or others
• A history of the use, attempted use or threatened use of physical force against other persons
• Reckless use, display, or brandishing of a firearm or deadly weapon
• Recent cruelty to animals
• Prior involuntary confinement in a hospital for persons with psychiatric disabilities
• Illegal use of controlled substances or abuse of alcohol

Standards of Proof

The law applies different standards at different stages:^[1]

• Risk protection order and seizure warrant: Probable cause
• Hearing on whether the order continues: Clear and convincing evidence. The state has the burden of proving all material facts by clear and convincing evidence

Duration and Termination

A risk protection order remains in effect until terminated by the court. There is no fixed expiration date. The person subject to the order may petition the court for a hearing to terminate the order, but must wait at least 180 days after the initial hearing before filing such a petition. At the termination hearing, the state has the burden of proving all material facts by clear and convincing evidence, and the order remains in effect if the court finds by clear and convincing evidence that the person poses a risk of imminent personal injury to such person's self or to another person.^[1]

A person who is subject to a risk protection order is disqualified from holding a state permit to carry a pistol or revolver, a pistol or revolver eligibility certificate or a long gun eligibility certificate, and the Commissioner of Emergency Services and Public Protection shall revoke such a permit or certificate upon the occurrence of any event that would have disqualified the holder. Since October 1, 2026, seized firearms, other deadly weapons and ammunition continue to be held by the state until the court terminates the order or until they are transferred to a federally licensed firearm dealer or destroyed, and they may not be destroyed until at least two years have passed since the hearing held within fourteen days after the order.^[1]

Impact and Usage

In its review of October 1, 1999 through May 31, 2009, OLR reported at least 277 applications for gun seizure warrants.^[2]

OLR reported in November 2022 that 18 other states and the District of Columbia had enacted red flag laws after Connecticut's 1999 law.^[3][1]

Due Process Protections

The statute includes several due process safeguards for the person subject to an RPO:^[1]

• A hearing must be held within 14 days after issuance of a risk protection order and, if applicable, a warrant
• The respondent must be served with a copy of the order not later than three days before the hearing, together with a notice of the right to a hearing
• The respondent has the right to be represented by counsel at the hearing. Counsel must be appointed for in-court proceedings if the respondent cannot afford counsel, is already represented by a public defender or assigned counsel in a pending Connecticut criminal proceeding, and is eligible under chapter 887
• The state bears the burden of proof at the clear and convincing evidence standard
• The respondent may first petition to terminate the order at least 180 days after the hearing held within 14 days of the order
• If a petition for termination is denied, the respondent may file again after another 180 days