Brooklyn Park, Minn. – Since the initiation of Minnesota’s “red flag” gun laws on January 1, a WCCO Investigation has uncovered four cases progressing through the legal system aimed at removing firearms from individuals deemed to pose a risk to themselves or others. These legal measures, known as extreme risk protection orders, are designed to prevent potential tragedies.
Inspector Elliot Faust of the Brooklyn Park Police Department explained, “The law is fairly clear as it’s written in that we know what we need to prove in court to present these to the judge. This order is a tool to try and prevent a tragedy from happening, and we do run into situations where we have information that a tragedy is on the horizon.”
Brooklyn Park’s police chief was the first in Hennepin County to seek a protection order. In a court filing on January 11, investigators requested permission to retain possession of a firearm from an individual who had attempted suicide and discharged gunshots in his multi-family housing building.
“It’s a multi-family housing building with 200 units,” Faust emphasized. “He’s a risk to himself but he’s also a risk to other people in the building when you fire a gun like that, and there are other people living there.”
Additional cases emerged from Martin, Steele, and Wright counties, with two out of three petitions granted, while the third was denied.
Faust acknowledged the complexity of executing protection orders, stating, “This conversation changes when a petition like this is granted by a judge and the judge says, ‘OK, law enforcement, now go get that person’s guns.’ That’s a difficult situation for us.” This concern is echoed by other law enforcement officials and stakeholders, including defense attorneys and gun rights advocates.
Crystal Police Deputy Chief Brian Hubbard raised questions about potential confrontations, stating, “Are we going to force an armed encounter with someone at their doorstep, at their residence, in order to take guns by way of a court order? While I understand it’s written, certainly, is the public served by us doing that confrontation?”
Criminal defense attorney Joe Tamburino emphasized the significance of cases involving domestic disputes and familial relationships. “The gray area is you’re taking away someone’s constitutional rights, their Second Amendment rights to possess a firearm, based on reasonable grounds, that a judge believes this person is a danger to himself or others,” Tamburino noted.
The Department of Public Safety highlights extreme risk protection orders as a proven intervention to prevent gun violence. Two types of orders can be granted by a judge: a long-term order lasting up to a year, requiring a hearing where the individual can dispute the risk, and an emergency order going into effect immediately without a hearing, lasting for two weeks.
Minnesota’s adoption of “red flag” laws aligns with 20 other states and Washington, D.C. Gun safety advocates applaud the move, emphasizing the potential to enhance community safety, while critics, including Bryan Strawser, chairman of the Minnesota Gun Owners Caucus, express concerns about due process and the infringement on constitutional rights.
“In most situations, emergency orders are being pursued without the individuals’ knowledge, denying them the chance to contest this action legally and safeguard their constitutional rights,” Strawser commented. “We are open to working with lawmakers to improve access to mental health care and help individuals in crisis that do not infringe on their Second Amendment rights.”