Dozens of Extreme Risk Protection Orders filed since Red Flag Laws
Dozens of Extreme Risk Protection Orders have been filed so far since the Red Flag Laws went into effect nearly six months ago.
The Red Flag Laws, in part, allow family and law enforcement to petition a judge to prevent someone from buying or having firearms if they believe that person is a harm to themselves or others.
According to the Minnesota Department of Health, there were 402 firearm-related suicides in 2022. Suicide deaths made up 72% of firearm deaths in Minnesota in 2022 and homicides accounted for 25 percent.
Sen. Ron Latz (DFL — St. Louis Park) co-authored the Red Flag Laws. Under the law, a judge can either grant an emergency order with no hearing that lasts 14 days or a long-term order that lasts up to a year.
The orders require a person to surrender their gun if they’re believed to be a danger to themselves or others.
“The goal then was to provide law enforcement with tools and family members with tools so that they could seek an emergency order,” said Latz.
As of June 21, the Minnesota Judicial Branch says 61 Extreme Risk Protection Orders have been filed. Fifty-five of those were granted with emergency and/or long-term orders, which is more than 90%.
“The information from the state judicial branch indicates that it is being utilized. And I think I would say judiciously,” said Latz. “That’s 55 people that are alive today, that might well not have been alive had the orders not been granted.”
However, gun advocates like Rob Doar say they’re surprised by the high number of approvals for the low number of applications.
“The bar is incredibly low to get these orders, and overwhelmingly, they’re just being rubber-stamped,” said Doar, a lobbyist for the MN Gun Owners Caucus.
Doar points to the data, which shows about 80% of those orders were filed by law enforcement, not individuals.
“Which is counter to the narrative that was going into the passage of the bill, about this being an important tool for family members,” Doar said.
“Of those petitions filed by government agencies, I would expect that a substantial portion of those were prompted by calls from family members to law enforcement,” said Latz.
While Latz says the law can protect people in an emotional or mental state, Doar believes it further stigmatizes mental illness.
“To [the] point where people who may need some help, would fear getting the help that they need, because an order like this may be issued against them,” said Doar.