It's Red Flag Law Week

97Percent releases study on red flag law enforcement

This special edition of Beyond Thoughts & Prayers focuses exclusively on red flag laws. Why? Because we’ve just released a study entitled Empowering Enforcement: Maximizing Red Flag Laws for Gun Violence Prevention. This comprehensive study examines the enforcement efficacy of red flag laws across states, the reasons why some states are struggling to enforce them, and the best practices they can adopt to improve implementation of this powerful tool to save lives.

Red flag laws, formally known as extreme risk protection orders (ERPOs), allow law enforcement officers, and sometimes family members, healthcare workers, and others, to seek a court order to temporarily remove access to firearms if there is evidence a person may harm themselves or others. These laws are part of 97Percent’s policy roadmap, given the ample research demonstrating they can prevent gun suicides and mass shootings, as well as polls that show up to 81% of gun owners support them.

Red flag laws have been adopted by 21 states, and as we’ve frequently documented in this newsletter, recent tragedies have spurred other states to consider adopting them as well. Our study reveals significant variations in enforcement and effectiveness from state to state. 

• Two-thirds of the 21 states with existing laws on the books are enforcing them reasonably well, with 9 of those states doing a uniformly effective job.

• Some best practices among states enforcing their red flag laws well include: establishing dedicated red flag units, often incorporating city attorneys; providing comprehensive training for law enforcement and other stakeholders; legislation that includes a search and seizure warrant, a clear definition of petitioners, and a mandate that courts be available 24/7 to receive petitions; and transparent reporting.

• Among states struggling to enforce their red flag laws, barriers include: lack of training, concerns regarding due process, and flaws in the legislation that obstruct the ability to respond to threats.

“Our study underscores the need for a standardized approach to implementing red flag laws across all states. Gun owners tell us all the time to enforce the laws already on the books, so our focus is on supporting the effective enforcement of red flag laws to safeguard our communities and prevent tragedies.” —97Percent Executive Director Olivia Troye

PLEASE JOIN US!

We will brief our findings in a live virtual roundtable TOMORROW, April 18, at 12 noon EDT, featuring Joshua Horwitz and Shannon Frattaroli from Johns Hopkins University, which just launched a national red flag law resource center in partnership with the U.S. Department of Justice. Also joining will be Christopher Carita, a former detective from the Ft. Lauderdale Police Threat Response Unit. For more information, visit www.97percent.us/redflag. We hope you’ll join us!

On the Hill

On April 12, the White House Office of Gun Violence Prevention and Office of Intergovernmental Affairs hosted 30 local leaders from across 15 states to urge states to use federal funding for the implementation of red flag laws. Vice President Harris encouraged states to use Bipartisan Safer Communities Act (BSCA) funding to implement existing red flag laws. While the Biden-Harris Administration has made $750 million in federal funding available to implement state crisis intervention programs, including red flag programs, much of this funding remains unused. Of the 21 states that currently have passed red flag laws, only six are using BSCA funding to implement them. —Mirage News

In the Courts

Wyoming became one of the first states in the nation to ban red flag gun laws when Gov. Mark Gordon signed the Prohibit Red Flag Gun Seizure Act, which says no local government, agency, or police department can implement or enforce any rule that keeps a Wyoming resident from firearms or ammunition unless that gun owner meets certain criteria. It also bans using funds from Wyoming or the federal government to implement red flag gun seizures. But representatives from both parties have questioned the constitutionality of the bill language.

Minority Floor Leader Mike Yin asked the House what would happen if judges, themselves, violated the statute. “Let’s say the Supreme Court of Wyoming issued a finding saying that red flag seizure laws on the federal level were legal,” Yin said. “Who defunds the Supreme Court?” Rep. Bob Nicholas said, “Never in my history of being in the Legislature have we taken any action that reverses or limits the power of our courts to make decisions and make findings based upon the facts presented in front of them. Never,” he said. “We’re telling court judges how they have to rule on a particular case.” And Rep. Dan Zwonitzer said, “I appreciate Article 6 of the U.S. Constitution that [says] the Constitution is the supreme law of the land, and then federal laws, and then state constitution, and then state laws.”

Whether the new law ends up challenged in court remains to be seen.

In the States

Maine: Maine is considering upping its yellow flag law to red status. Under the state’s current yellow flag law, law enforcement officials who determine that an individual appears to be a threat to themself or others can legally seize any firearms they own. If passed, LD2283 would implement a red flag law, which would permit an individual’s family members to take legal action on perceived threats of gun violence by going before a judge to start a similar process of firearm removal. —The Maine Campus

Tennessee: No local governments will be able to pass ordinances that allow for extreme risk protection orders (ERPOs) unless the state legislature passes a law for them, so says the Tennessee Senate. During its Thursday, April 11 session, the Senate approved SB2763, which prohibits all political subdivisions—meaning city and county governments—from enacting any laws, ordinances, or resolutions that provide for ERPOs. The bill also prohibits local governments from accepting any grants tied to ERPO enforcement. —WATE

On red flag laws…from the enforcers

“The pleasant surprise is that a majority of these people recognize they’re in the middle of a mental health break, if you will, and they voluntarily give us the firearms. Many of them don’t even show up to contest the temporary forfeiture.” —Sheriff Grady Judd, Polk County (FL) Police Department

“I kept saying, as an ER doc and thinking the worst, ‘[The gun owner will] be really ticked off. He’s going to give you all the guns but one, and he’s going to kill himself or somebody else.’ And that hasn’t happened.” —Dr. Garen Wintemute, emergency medicine physician, UC Davis Medical Center

“The red flag law gives law enforcement, family members, school administrators, teachers, and mental health professionals the ability to step in and prevent violence before it occurs.” —New York State Police Superintendent Kevin Bruen

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Do you have a comment about any of these critical issues? Do you have a story to share? We’d love to hear from you. Please include your first name and state, and we may publish it in a future issue. Thank you for reading!

For more information about 97Percent, please visit our website at 97Percent.us.

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