What are Red Flag Laws?
Red flag laws, also known as extreme risk protection orders (ERPOs), are life-saving measures that allow people who are concerned about a family member, friend, or someone else’s access to guns to seek court orders temporarily blocking the person in question from owning, purchasing, or possessing firearms.
Red flag laws have the potential to save lives. People with access to guns are—according to data collected over more than two decades by the Centers for Disease Control and Prevention—more likely to commit suicide than those without. Furthermore, research suggests that red flag laws can help reduce not only suicide but also other types of gun violence, including mass shootings and homicides.
How Do Red Flag Laws Work?
Red flag laws are designed to allow family members, law enforcement, and other close associates who know an individual best—and who can raise a “red flag”—to petition a court in their jurisdiction to temporarily keep firearms out of an individual’s possession if they believe the person poses a significant risk of harm to himself or others.
States have different criteria for issuing ERPOs. In general, however, when a family member or law enforcement officer submits a petition to the court, backed with evidence, the court considers whether there is a substantial risk that the person in question could use a firearm to cause serious physical harm to themselves or others.
If the court finds there is probable cause to grant the EPO request, they’ll issue an order prohibiting the respondent, an individual who is the focus of the petition, from purchasing, possessing, or receiving firearms and ammunition while the order is in effect. Depending on the state, the order can last anywhere from a few weeks to a few months.
What Are the Benefits of Red Flag Laws?
Red flag laws are associated with a 13% reduction in firearm suicides, a 7-11% reduction in the number of mass shootings, and a reduction in the number of people killed in gun-related homicides.
Along with potentially saving lives, ERPOs provide immediate legal repercussions for offenders, allowing family members and other close associates to act as a protective barrier against potentially violent behavior. This makes ERPOs a valuable tool for law enforcement officers, who may not be able to act fast enough to prevent a potential tragedy.
Lastly, red flag laws are effective for reducing the number of firearms in circulation. Since an EPO prevents individuals from buying, possessing, or receiving firearms, it can be an effective way to keep weapons out of the wrong hands and help reduce illegal trafficking. Furthermore, it can help prevent individuals with criminal records from obtaining firearms.
Conclusion
Red flag laws are life-saving measures with the potential to not only reduce firearm suicides and homicides but other mass shootings as well. By empowering family members and close associates to petition a court to prohibit an individual from accessing firearms, ERPOs are an effective tool for reducing the number of firearms in circulation and protecting the public from potentially dangerous individuals.