Use of Nevada’s “red flag” law — which allows police and family members to petition a court to temporarily take away an individual’s firearms — has more than quadrupled since The Nevada Independent reported limited use of the law in 2022.

Public records obtained by The Indy show that as of January 2025, 61 “red flag” or extreme risk protection orders were added to the state’s criminal record keeping database. The law has been used more frequently every year — five orders were filed in 2021, while 27 were filed in 2024.

Nevada still lags behind most of the 19 other states that have adopted similar red flag laws, which typically see between 50 to 100 orders filed per year — though the filing frequency is variable based on the size of the state and how long their laws have been in place. 

But the law may be used more in the future. Nevada Attorney General Aaron Ford’s office announced a $400,000 grant in October 2022 to train and promote the “red flag” law to police, as well as offer subgrants to community organizations that provide resources for families looking to help family members in crisis. The grant was funded by federal American Rescue Plan dollars.

The office cited The Indy’s reporting in its press release announcing the grant, and stated that it was “important to train law enforcement and make Nevada families aware of this crucial tool, which can help stop shootings before they start.”

John Sadler, a spokesperson for the office, said the grant is being used to help fund training sessions in Las Vegas and Reno.

Sadler also said that training materials are almost completed and will be submitted for certification “very soon” to the Peace Officer Standards and Training agency. Once the soon-to-be announced conferences are completed, online training courses will be available. 

During a 2022 interim legislative meeting when grant funding was approved, Ford’s then-Chief of Staff Jessica Adair told lawmakers that part of the impetus behind the bill was to avoid fatal domestic violence altercations. 

Citing Ford’s role on a state domestic violence committee, she told lawmakers about a murder-suicide Ford reviewed that happened 46 days before the state’s red flag bill was passed, noting that the killer had been charged with battery and arrested for domestic violence, but he still had legal rights to own a firearm at the time of the murder.

“It is unknown whether the red flag law would have made a difference, but I would like to think that if the state is able to prevent that from happening in the future, Nevada should take that chance,” Adair said.

How we got here

Nevada lawmakers passed AB291 during the 2019 legislative session. The law allows police and family members to seek an extreme risk protection order (ERPO) from a court to temporarily take a person’s firearm away if they are found to pose a threat to themselves or to others. 

Under Nevada’s system, the maximum duration for a temporary, or ex parte, order is seven days and requires a preponderance of evidence. Those filing the order can also apply for a final order that lasts up to a year, but that has a higher “clear and convincing” evidence standard.

Though all legislative Republicans voted against the bill, it was passed and signed into law by Gov. Steve Sisolak, a Democrat. 

The bill was sponsored by Assm. Sandra Jauregui (D-Las Vegas), a survivor of the Route 91 mass shooting and vocal advocate for stronger gun laws in Nevada. 

Jauregui believes Nevada’s red flag law could be improved.

“I look at what Florida’s done and I saw the statistics where Florida’s actually used their red flag laws 15,000 times and Florida’s a red state,” Jauregui said. 

According to gun control advocacy group EveryTown For Gun Safety, there were more than 14,000 ERPOs filed in Florida in the six years since the state adopted the law. Jauregui hopes that Nevada can follow suit.

“I really wish we could get the word out there of what this actually does,” she said.

Republican Gov. Joe Lombardo — the former Clark County sheriff — campaigned against the law during his successful 2022 run for governor, and promised in his first State of the State address that he would seek to remove “antiquated laws, including Nevada’s Red Flag Law.” 

But with Democrats in control of the Legislature, that hasn’t happened.

Elizabeth Ray, director of communications for the governor’s office, told The Nevada Independent that "legislation seeking to repeal or amend red flag laws in Nevada hasn't been submitted for evaluation to Governor Lombardo." 

Although firearm advocacy groups generally oppose the concept under Second Amendment grounds, red flag laws have enjoyed some bipartisan popularity. President Donald Trump announced his support of the laws following a 2019 mass shooting in Florida, and a major gun safety bill passed by Congress with bipartisan support in 2022 included hundreds of millions of dollars in grants for state court-run crisis intervention services, including red flag laws. 

Sadler confirmed Ford’s office did not apply for this funding. 

Do red flag laws actually work?

According to gun control advocacy group Everytown For Gun Safety, one study found that one suicide was averted for every 17 to 23 extreme risk protection orders issued, resulting in about 269 lives saved in the United States. 

An August 2024 study from researchers at Columbia University Mailman School of Public Health found that Florida — which adopted a red flag law in 2019 after the Parkland mass shooting — had seen an 11 percent reduction in firearm homicides as compared with other politically conservative states without similar gun laws.

Not all studies are overwhelmingly positive. An analysis by the RAND Corporation of existing scientific research on red flag laws found limited evidence that the policies reduced suicide, but were inconclusive on whether they deterred mass shootings, violent crime or unintentional injuries or death.

John Commerford, executive director of the National Rifle Association (NRA) Institute for Legislative Action, told The Nevada Independent the NRA opposes the red flag law.

“The NRA has opposed efforts … that would nullify an individual’s Second Amendment rights without notice or based on intentionally vague standards of evidence. So-called “red flag” laws allow for the confiscation of firearms based on mere accusations, without the due process guaranteed by the Constitution,” Commerford said. 

What’s next?

Currently, Nevada’s red flag law policies only allow for law enforcement, an individual’s family member, or a household member to petition for an ERPO. Gun control advocates would like that to be broader.

“There are other situations where other people, such as mental health professionals or educators, might be in a better position to identify and address the risks of harm or violence,” Agustin Cabrera, a state legislative manager at Giffords, a gun violence prevention group, said over email. “By expanding who can file for an ERPO, Nevada could ensure that individuals at risk of harming themselves or others are more quickly identified and provided with the support they need.”

Colorado recently expanded the list of individuals who can file an ERPO to include mental health specialists, educators, doctors and district attorneys. Despite this expansion, Colorado only saw a 5 percent increase in reported ERPOs, a year after expansion.

Jauregui doesn’t have plans to similarly expand Nevada’s red flag law this legislative session but is “always looking for ideas on what we can do to help make our community safer.”