Public awareness is key with red-flag law

Opinion editor's note: Editorials represent the opinions of the Star Tribune Editorial Board, which operates independently from the newsroom.

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The new year started with news of the tragic shootings of two children in the Twin Cities when shots were fired into their homes. In Minneapolis, an 11-year-old girl was shot in the face while in her North Side bedroom. And in St. Paul, a 10-year-old boy was hit in the stomach by gunfire directed at his Frogtown-area home.

It's impossible to know whether the red-flag law that went into effect Jan. 1 in Minnesota could have prevented that horror. But it might have made a difference in the Minneapolis case, where the suspect randomly fired an AR-15 rifle into the air to celebrate the new year. The accused is a Fridley man who is a convicted felon barred from having a firearm. The ban wasn't enough, but had someone close to him who knew he had the rifle sought an order under the new law, the rifle might have been taken away from him.

The much-needed new state statute allows family members, housemates, partners and law enforcement to petition a judge to temporarily remove guns from someone they fear is a danger to themselves or others. An emergency extreme risk protection order (ERPO), which expires after 14 days, can be issued without a hearing if it's signed by a judge. Another type of ERPO can last up to a year if it's ordered by a judge following a full evidentiary hearing.

The next step for Minnesota should be a robust effort to inform the public about the law and how it can be used. The state, law enforcement and mental health groups should help spread the word that Minnesota has joined 19 other states that have some form of red-flag provisions to remove guns from those who shouldn't have them.

President Joe Biden and others — including the Star Tribune Editorial Board — have supported such laws as a potentially powerful tool to prevent gun violence. Still, an Associated Press analysis found they are often underused even as shootings and gun deaths soar around the U.S. That's why public awareness is critical.

Forms to petition for protective orders are available through the Minnesota Courts website, and there is no cost to file. However, it is a gross misdemeanor to provide false information. And there are restrictions about who can seek the order. Neighbors, for example, do not have standing to file for an ERPO.

Appearing with Gov. Tim Walz at a news conference last week, Lt. Gov. Peggy Flanagan said that the new law will save lives. Minnesotans no longer must "sit on the sidelines while our neighbors and relatives and children are losing their lives to preventable gun violence," she said, adding that if a partner or family member has a history of abuse, dangerous behavior, or suicidal thoughts, "you can now take action."

Walz pointed out that about 70% of the firearm deaths in Minnesota are suicides. And Flanagan added that every month in the U.S., 70 women are fatally shot by an intimate partner.

Multiple studies have shown that extreme risk laws are effective in preventing firearm suicide. And data collected by groups such as Everytown for Gun Safety show that an overwhelming majority of Americans — regardless of political affiliation — support ERPO laws.

As part of the landmark bipartisan gun legislation passed by Congress last summer, the Biden administration's Justice Department said it would commit about $230 million in funding to help states administer red-flag laws and other crisis-intervention programs.

Walz said Minnesota is "finally saying enough is enough of nothing but thoughts and prayers when it comes to gun violence and the tragic shootings with firearms." Passing the law was the first critical step, but for shootings to be prevented and lives to be saved Minnesotans must know how it can be used responsibly.