---
title: "Can the police take my guns without charging me with a crime?"
description: "Yes, through an Extreme Risk Protective Order under R.I. Gen. Laws Chapter 8-8.3, often called the red-flag law. A police department files a petition in Superior Court alleging that you pose a..."
url: https://bankandmunns.com/faq-items/can-the-police-take-my-guns-without-charging-me-with-a-crime/
date: 2026-09-30
modified: 2026-09-30
author: "Bank and Munns"
type: avada_faq
lang: en
---

# Can the police take my guns without charging me with a crime?

Yes, through an Extreme Risk Protective Order under R.I. Gen. Laws Chapter 8-8.3, often called the red-flag law. A police department files a petition in Superior Court alleging that you pose a significant danger to yourself or others. A judge can issue a temporary order the same day without you present, and police then serve the order and collect your firearms and any permit. A full hearing must be held within 14 days, and if the court finds by clear and convincing evidence that the danger exists, a one-year order issues and can be renewed. The order is civil and does not create a criminal record on its own, but buying or possessing a firearm while it is in effect is a felony. You have the right to a lawyer at the hearing, to see the affidavit, and to present evidence. Contesting the order at that first hearing is far easier than trying to lift it a year later.