Red-flag gun law is now in effect in Minnesota

Family members, housemates, partners and law enforcement can now petition a judge to temporarily remove guns from someone they fear is a danger to themselves or others under a new law that took effect Jan. 1.

Minnesota joins 19 other states in "finally saying enough is enough of nothing but thoughts and prayers when it comes to gun violence and the tragic shootings with firearms," Gov. Tim Walz said at a Capitol news conference.

The new red-flag law that took effect Monday allows law enforcement, household members, family and intimate partners to ask a judge to issue an extreme risk protection order (ERPO). The orders require a respondent's guns to be surrendered if they're a danger to themselves or others.

ERPOs direct a person to relinquish their firearms for a set period of time and bar them from buying new guns. There are two types: an emergency order can be issued without a hearing when signed by a judge. Such an order takes effect immediately and expires after 14 days. Longer-term ERPOs require a full evidentiary hearing and can last up to a year.

The forms to petition for protective orders are available through the Minnesota Courts website. There is no fee to file, but it is a gross misdemeanor to provide false information.

Rob Doar, lobbyist for the Minnesota Gun Owners Caucus, said the group has "significant due process concerns," about the law, especially with the orders causing people's guns to be seized without an adversarial hearing or legal representation.

"This law falls far short of addressing individuals in crisis, instead operating on the false presumption that if a firearm is removed, the crisis is resolved," Doar said. "The individual themselves should be the focus of intervention."

Standing with Walz in his reception room were Lt. Gov. Peggy Flanagan; Sen. Ron Latz, DFL-St. Louis Park; Rev. Rolf Olson, whose daughter Katherine was shot and killed in 2007; Richfield Police Chief Jay Henthorne, who is also a vice president at the Minnesota Chiefs of Police Association; and Public Safety Commissioner Bob Jacobson.

Walz pointed out that 70% of the state's gun deaths are suicides. Flanagan said that every month in the United States 70 women are fatally shot by an intimate partner.

Of all the laws passed in 2023, Flanagan said, "I can say that this law is different because this law will save lives."

Minnesotans no longer have to "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."

Henthorne said family members are well positioned to notice someone in distress. "They often exhibit clear warning signs," he said, including threats to themselves or others.

As chairman of the state Senate Judiciary Committee, Latz steered the law to passage along with other gun safety measures, including expanded background checks for transfers and increased penalties for machine gun ownership. The other gun laws went into effect last summer.

The gun measures passed in 2023 under DFL control of the House, Senate and governor's office. In recent years, Republicans blocked new gun restrictions when they controlled the Senate.

Latz said data from other states shows the law does save lives. He said Maryland prevented four violent incidents in the three months of its red-flag law.

He pointed out, however, that the law limits who can seek the orders. Neighbors, for example, do not have standing to seek protective orders, he said.

Olson said he doesn't buy the argument that mental illness, not guns, causes violence. "Mental illness plagues every nation," he said. "Sky-high gun deaths only plague the U.S."

More gun safety legislation is possible in 2024. Both Walz and Latz said some sort of safe storage requirement could be the next step. What that looks like is yet to be determined, but Latz said the law could be focused on households with young children, for example.

Walz cautioned that petitioning the court isn't always the best option. "911 is still your route if you're in an emergency situation," the governor said.