Red Flag Laws: The Real Green Flags

Red flag laws, also called Extreme Risk Protection orders (ERPOs), are laws that allow a court to temporarily remove firearms from a person who is believed to be a serious risk to themselves and others. These laws are meant to prevent violence before it happens, especially in situations that concern mental health, threats, and insanity. These laws work as a preventive safety tool, aiming to reduce the amount of gun violence present in the U.S. today. They serve as  an important and necessary tool for preventing violence, as long as they are used carefully and take into consideration people’s rights. 

In most states with ERPO laws, the people who can request an order are normally police officers, family members, and others related to the person. Evidence for the orders include violent behavior, recent threats, mental health issues, or substance abuse. If the judge has reviewed the evidence and believes that the person is dangerous, they can issue an order that allows law enforcement to remove firearms for a certain amount of time. After the order is placed, a hearing is held a few weeks later where the accused person can present their side.

The idea behind ERPOs did not start recently. In the late 1990s and early 2000s, states like Connecticut began noticing patterns: firearm suicides occuring right after mental health crises. Families complained that they had no legal way to intervene. In 1999, after a workplace shooting in Connecticut, the state passed the first red flag law; Indiana followed later in 2005 after a police officer named Timothy Laird was killed by a man who had previously shown erratic behavior. 

The 2018 high school shooting in Parkland, Florida marks the turning point in red flag laws. Dozens of reports had been made to the police about dangerous behavior, but they had no legal way to remove firearms. As a result, Florida was able to pass its first Red Flag Law in 2018. The years following this, the law was used multiple ties in cases involving school violence, domestic violence, and suicide. After this incident, multiple states passed ERPO laws, and today more than twenty states have some version of a red flag law. 

While there is no national red flag law, Congress has taken many steps in promoting this practice. For example, in 2022, the Bipartisan Safer Communities Act gave states funding to create ERPO programs. Additionally, the federal government has created guidelines in order to  ensure due process (processes concerning fair treatment in the judicial system), such as valid hearings and evidence standards. 

Evidence regarding the benefits of these laws is present in the world today. For example, in Connecticut and Indiana, research shows that one suicide is prevented from every ten to twenty ERPOs issued, which means that these laws are already saving lives. Meanwhile, in Florida, police have been using ERPOs in cases involving threats to schools, family, and other areas of relation. Without these ERPOs, officers would have no way to intervene and prevent something terrible from happening. 

These laws give families the opportunity to react effectively in times of crisis. Oftentimes, the first people to notice strange behaviors are family members and people close to the person. Instead of waiting for something life-changing to occur, ERPOs people ask the legal system for help. This is very effective in cases of mental health emergencies, where suicide is extremely possible. Removing firearms can be the difference between life and death.

While ERPOs may seem like they are taking away the freedoms of individuals falsely, they are often temporary and are supervised by a judge. The judge must review the evidence and a full hearing is required in order to even issue an ERPO. Additionally, the person can challenge the order and present their own evidence concerning the issue. This reveals that ERPOs are designed for short-term emergencies for the concern of the person, not a punishment. 

Many critics argue that red flag laws can threaten due process, by taking away guns from people without a fair chance to defend themselves. This is a valid concern, but it does not mean that these gun laws have to be completely eliminated from the government. Instead, they can be improved by adding more clear evidence requirements, penalties for false reports, and limits on who can accuse. This can make ERPOs more fair, while also being effective. 

Red flag laws are an excellent way to prevent gun violence. They are a proven and balanced approach to this. They do not permanently remove firearms, nor do they criminalize mental illness. Instead they create a fair, court-supervised way to reduce the risk of dangerous moments. ERPOs have been created because of the desperation of families and police officers in the past. They showcase a great advancement in our legal system. Given the historical evidence, modern developments, and research showing just how beneficial ERPOs have been, Red Flags should most definitely be an essential part of any states’ legislation. Let us prevent the issue, rather than combatting it.