On Feb. 14, a man used an AR-15 rifle to kill 17 teens and adults at a Parkland, Fla., high school. That fact is shocking, but after so many mass shootings in recent years, it is sadly not surprising.
Americans are killed every day with guns at rates many times higher than virtually any other country not at war. No one policy change would prevent every one of these deaths. But we could certainly prevent some of them.
Gun violence protective orders (GVPOs) are one promising policy that has received renewed attention in the wake of the Parkland shootings. Also known as extreme risk protection orders, GVPOs allow family and household members, as well as law enforcement officers, to petition a civil court to temporarily restrict an individual's access to guns when that individual poses a significant danger to self or others.
In our work as criminal justice professionals, we are often the first to see the warning signs that a tragedy may be imminent. GVPOs are designed to provide safe and effective options for law enforcement — working with an individual's family members and partners — to prevent gun tragedies before they occur.
GVPOs are similar to court orders already used in Minnesota domestic violence and harassment cases. As with those orders, the procedure protects the rights of the individual involved.
A GVPO is focused on concrete evidence and past actions, including the individual's history of violence or threats. It is based on sworn evidence, with criminal penalties for false statements. And it is temporary, lasting no more than 14 days in an emergency situation and no more than two years after a hearing.
To ensure due process protections are in place, the bills we have authored, which the Minnesota Chiefs of Police Association supports, provide for a hearing where the individual could challenge the order in court no later than two weeks after the GVPO is issued. There's also a provision that would allow, if certain criteria are met, for respondents to participate in supervised sporting or recreational activities.
GVPOs are a proven tool. They are working in five states — California, Connecticut, Indiana, Oregon and Washington — with many other states considering adopting them.