MN Red Flag law, procedures highlighted by Ramsey County authorities
ST. PAUL, Minn. (FOX 9) - The Ramsey County Attorney's Office has convened "150 stakeholders on new county-wide protocols, procedures, and staff investments to maximize use" of Minnesota's Red Flag law.
Ramsey County authorities on Thursday spoke to the public about the state's Minnesota's Extreme Risk Protect Order (ERPO) or Red Flag law that gives citizens the tools to obtain a court-ordered firearms surrender in life-threatening situations.
What we know
The Red Flag law took effect at the beginning of 2024 and necessitates a request from law enforcement, a prosecutor or a family member to initiate action.
READ MORE: Minnesota's new Red Flag Law takes effect: How it works
There are two types of orders under the law:
- Emergency orders, issued immediately by a judge, and last 14 days.
- Long-term orders, which span between six months and a year, require a court hearing involving the gun owner.
Minnesota Gov. Tim Walz previously said, "None of these things infringe upon your constitutional right to safe usage of firearms... what they do is save lives and make our homes and cities a little bit safer."
Most data from states with similar laws focuses on suicide prevention, with studies showing a significant reduction in suicide rates linked to these laws. The impact on mass shooting prevention and other forms of gun violence is less conclusive, though advocates are optimistic about the law's potential to save lives.
Currently, 20 other states and the District of Columbia have a similar law.
What they're saying
Thursday's conference included the Ramsey County Attorney, Ramsey County Sheriff, a St. Paul police deputy chief and a representative from a violence prevention organization.
Ramsey County Attorney John Choi spoke about the importance of community cooperation when it comes to implementing Red Flag orders.
"We as a community, and as a state, can go one of two ways: We can be very passive about the passage, and admire the fact that a law was passed, and let these situations just passively come to us. And the reality is, in those types of situations and states, we are not going to be making a lot of progress. Or, we can collectively come together, recognize that this is an important tool, that it's central to our mission, to keep our public safe, and knowing all the things that we know about mental health and the prevalence of guns in our society, that we can use this new tool, and be intentional about it."
Choi added there have been "a little over 100" ERPOs across the state since the law passed on Jan. 1, 2024, with most happening in greater Minnesota.
Only three have been served in Ramsey County, Choi said.
Ramsey County Sheriff Bob Fletcher said "Sometimes criminal prosecution is impossible, and clearly it takes a long time to work it through the process. There are going to be times that the facts exist to suggest that that weapon is a danger to the person or the community, but you may not actually have enough facts to prosecute them for a felony."
Dig deeper
An incident in Minneapolis last month is seen by some as an example of a preventable attack that the law is meant to address.
The suspect, John Sawchak, is accused of shooting and injuring his neighbor, Davis Moturi, after years of well-documented threats.
READ MORE: Mpls man shot by neighbor: MN's Red Flag law designed to prevent violence like this
An ERPO was only issued in Sawchak's case after he shot Moturi, not before.
The law's author said that by mid-July this year, there were at least 70 times when judges around the state have issued an ERPO to remove firearms, and he believes lives have been saved as a result.