In 2024, which was the first year that Minnesota’s “red flag” law was in effect, 138 petitions were filed. This year the state could see that number increase by 100% or more. As of November 15, 263 petitions have been filed across the state, and according to Fox 9 in Minneapolis, the vast majority of those have been approved.
The TV station reports that of the 401 petitions that have been filed since the law took effect, only 5% have been denied by a judge. That number isn’t necessarily surprising, but it is troubling. Are judges rubber-stamping their approval of Extreme Risk Protection Orders because it’s better to be safe than sorry?
In my opinion, “red flag” laws incentivize judges to approve ERPO petitions. If a judge grants a petition, their rear-ends are covered if the subject of a “red flag” order goes on to commit a crime or harm themselves. If they deny a petition, though, those judges may feel culpable for any dangerous act carried out by the subject of a petition.
I’m also curious about how many of these “red flag” orders involved individuals who were or are also facing criminal charges.
“Over the course of 23 years, I have made a lot of contact with people that are profoundly disturbed. We have never really had the tools to do anything about it in the past,” explained Brooklyn Park Police Inspector Matt Rabe. “This is one of those tools that allows us to take action when we make contact with someone who we can tell is potentially very dangerous and has guns.”
In one case reviewed by the FOX 9 Investigators, a Hennepin County judge authorized the confiscation of handguns owned by one Brooklyn Park resident who was said to have “undiagnosed psychosis.” He allegedly threatened to kill his colleagues after showing up drunk at his workplace.
The man was barred from legally possessing and purchasing any firearms for a year.
“It is hard to talk about what could have been,” said Rabe. “But I think we all know that we can look back on these horrible situations, horrible shootings that have happened. And people say, ‘hey, there were signs here. Why didn’t anyone do anything? Why didn’t anyone say anything?’ This is us doing that and saying, ‘there are some signs. I think, we should take action.’”
Threatening to kill co-workers should have resulted in criminal charges, not just a “red flag” petition. If this guy was intent on doing harm, then taking away his legally-owned guns isn’t going to stop him from using a knife, his car, or any number of other inanimate objects as weapons.
That phrase “undiagnosed psychosis” is also troubling. Minnesota has a civil commitment law, just like every other state. If police believe someone poses a danger to themselves or others they can initiate a mental health hold and take them to a hospital for an evaluation. Why wasn’t that done in this case? Taking away someone’s guns doesn’t do anything to treat their psychosis. Instead, it leaves a dangerous person to their own devices, but the state can chalk it up as a success because that dangerous person isn’t allowed to legally own a gun for a period of time.
According to a 2021 report, Minnesota is dead last in the number of inpatient mental health beds available to residents in crisis; just 3.5 beds per 100,000, with the recommended number around 40 to 60 beds per 100,000 people. I’m concerned that the state’s “red flag” law is being used as a cheaper (and less effective) alternative to mental health treatment. Instead of providing individuals in crisis with the care they need, the state takes away their guns and considers the problem solved.
“Red flag” laws are no substitute for a robust mental healthcare system, but that may very well be what’s happening in Minnesota. And with Tim Walz his Democrat allies in the legislature pushing for more gun control laws and saying very little about the need to fix the state’s broken mental health system, I’m afraid things are likely going to get worse going forward.
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