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, predating Indiana's 2005 law and the wave of state red flag laws that followed.[1] The law was passed in response to a 1998 mass shooting at the Connecticut Lottery Corporation headquarters in Newington, where a disgruntled employee killed four coworkers before taking his own life.[2]
Purpose of the Law
The RPO framework allows courts to authorize the seizure and retention of firearms, ammunition, and other deadly weapons from individuals who are determined to pose a risk of imminent personal injury to themselves or others. The law is designed to intervene before violence occurs -- removing access to weapons during a period of crisis while providing due process protections for the person subject to the order.[1]
Who May Petition for a Risk Protection Order
Originally, only state's attorneys, assistant state's attorneys, and law enforcement officers could petition for an RPO. In 2021, Connecticut significantly expanded the law through Public Act 21-67, effective June 1, 2022, to allow the following persons to request that law enforcement investigate and petition for an order:[3]
- Family and household members: Spouses, parents, children, siblings, grandparents, grandchildren, stepchildren, step-siblings, in-laws, cohabitants, persons who share a child, and dating or intimate partners
- Medical professionals: Physicians, physician assistants, advanced practice registered nurses, psychologists, and clinical social workers who have examined the respondent
These expanded petitioners do not file directly with the court. Instead, they request that law enforcement investigate the situation and, if probable cause is found, law enforcement then petitions the court.[3]
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: Upon a finding of probable cause, a judge may issue a warrant authorizing law enforcement to seize all firearms, ammunition, and deadly weapons in the person's possession
- NICS notification: Upon issuance of the order, a record is immediately entered into the National Instant Criminal Background Check System (NICS) indicating that the person is ineligible to purchase, possess, or receive firearms
- Hearing: The court must hold a hearing within 14 days of the seizure or warrant execution. The respondent receives notice and has the opportunity to appear and present evidence
Factors Considered by the Court
When evaluating whether a person poses a risk of imminent personal injury, courts consider several factors, including:[3]
- Recent threats or acts of violence directed toward self or others
- A history of physical violence or violent behavior
- Reckless use, display, or brandishing of a firearm or deadly weapon
- Recent cruelty to animals
- Prior involuntary psychiatric hospitalization or confinement
- Illegal use of controlled substances or abuse of alcohol
Standards of Proof
The law applies different standards at different stages:[4]
- Initial seizure warrant: Probable cause -- the same standard used for search warrants
- Final risk protection order: Clear and convincing evidence -- a higher standard requiring the state to prove all material facts with a high degree of certainty
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 bears the burden of proving by clear and convincing evidence that the person continues to pose a risk.[1]
During the period the order is in effect, any permits or eligibility certificates held by the respondent for firearm purchase or carry are revoked. Seized firearms and ammunition are retained by the state pending successful termination of the order.[4]
Impact and Usage
Since enactment in 1999, Connecticut's red flag law has been used in nearly 2,000 cases through 2019. By 2024, the total number of risk protection orders issued had risen to approximately 5,800, reflecting expanded use following the 2021 legislative changes that broadened who may initiate the process.[6] Research published in the Journal of the American Academy of Psychiatry and the Law has found that the law has prevented dozens of suicides and likely prevented multiple homicides.[5]
The 2021 expansion allowing family members and medical professionals to initiate the process was designed to address situations where those closest to a person in crisis may recognize warning signs before law enforcement becomes involved. Connecticut's model has served as a template for similar laws adopted in more than 20 other states.[3]
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 of the seizure
- The respondent receives notice and the right to appear
- The respondent has the right to counsel (though not at government expense)
- The state bears the burden of proof at the clear and convincing evidence standard
- The respondent may petition to terminate the order after 180 days
- If a petition for termination is denied, the respondent may file again after another 180 days