Minnesota’s implementation of the Red Flag Gun Removal Orders, officially termed the “Extreme Risk Protection Order” (ERPO), is set to begin next week.
This recent legislation empowers judges to temporarily seize firearms from individuals posing a threat to themselves or others.
Under the “red flag” law, concerned parties such as family members, romantic partners, roommates, or law enforcement can petition the court to remove an individual’s guns if they are displaying hazardous behavior.
Judges have the authority to issue emergency 14-day orders or more extended 6-12 month orders following a comprehensive hearing.
The ERPO is perceived as a valuable tool enabling families and law enforcement to intervene when there are evident signs of crisis.
Sue Abderholden, the executive director of NAMI Minnesota, expressed hope that the law would contribute to preventing further suicides.
However, the implementation of such orders has raised concerns among gun rights groups, who argue that they may encroach upon Second Amendment rights.
Rob Doar of the Minnesota Gun Owners Caucus highlighted the potential issue of orders being issued with limited or no evidence, potentially violating constitutional rights.
Law enforcement will be responsible for enforcing these orders on a case-by-case basis, often involving a visit to the individual’s residence to present and execute the order.
The law also permits individuals to voluntarily surrender their firearms to a family member or a federal firearms license holder for the duration of the order.
Police groups are currently undergoing training to handle these situations appropriately when responding to orders.
Mental health advocates support the red flag law, viewing it as a means to mitigate gun violence and suicide.
Jeff Potts, executive director of the Minnesota Chiefs of Police Association, acknowledged that while the law might not solve all issues, it could contribute to preventing firearm-related suicides.
Minnesota becomes the 21st state, along with Washington D.C., to enact a red flag law.
Studies in other states have suggested a decrease in firearm suicides following implementation, although further research is needed.
Abderholden noted that the confidentiality of the orders in Minnesota could encourage families to utilize them for individuals in crisis.
The law takes effect against the backdrop of rising rates of suicide and gun violence in Minnesota.