Rochester, Minn. — As gun violence continues its upward trend, Minnesota has introduced a set of enhanced ‘red flag’ laws at the beginning of 2024 aimed at tackling the issue. This innovative legislation establishes a connection between mental health professionals and law enforcement, enabling them to jointly petition for the removal of firearms from individuals at risk of self-harm or posing a threat to others.
The newly enacted law, known as Extreme Risk Protection Orders (ERPO), builds upon the existing framework of ‘red flag’ laws, which have been in existence for some time. Sheriff Kevin Torgerson of Olmsted County expressed the primary objective of these measures: “We just want to get them help. And if it means removing the guns for a while, why not? Who can say no to that?”
Under the revised law, mental health professionals are now obligated to report individuals who are threatening self-harm or harm to others using firearms to the county sheriff. This proactive approach aims to address impulsive acts of suicide, with studies indicating that states with more stringent gun laws experience fewer firearm-related suicides, contributing to lower overall suicide rates.
If an Extreme Risk Protection Order is recommended, it grants the authority to petition for the removal of firearms from the individual in question. Sheriff Torgerson emphasized the importance of due process for those concerned about their Second Amendment rights, clarifying that firearm removal requires approval from a judge.
“The bottom line is getting that person some help,” Sheriff Torgerson emphasized, emphasizing the focus on mental health intervention. He encouraged concerned family members or friends to speak up, assuring that activations would be handled with compassion and care.
NAMI marketing director Courtney Lawson highlighted the significance of removing the means to harm as a vital step in suicide prevention. “Having the conversation of are you thinking about harming yourself and learning that the person has a plan, and that plan involves a firearm, and then being able to go one step further with the red flag law and say, hey, I’m now reporting it. It’s an additional action that they can take. I really see it as bringing all the elements of suicide prevention together,” Lawson explained.
Sheriff Torgerson acknowledged that previous challenges in sharing health data have been addressed, with organizations like NAMI now able to transfer relevant information to law enforcement. Data to be reported includes the person’s threat and residence.
An ERPO necessitates a hearing within 14 days of filing the petition. In cases of immediate danger, an emergency ERPO can be filed, requiring the court to determine the respondent’s immediate threat of bodily harm to others or themselves. Law enforcement agencies are responsible for retrieving firearms in cases where ERPOs are granted.