WHAT EXACTLY ARE RED FLAG LAWS AND HOW DO THEY WORK?
Red Flag laws are complex and specific to the state they are applied to. In general, they are implemented to confiscate firearms from those who are considered a danger to themselves or to society. These laws are also referred to as Extreme Risk Protection Orders. Usually, those who are allowed to exercise this law include family members, law enforcement members, and, in certain instances, external parties.
If your state has a Red Flag law in place, the agenda is to stop specific violent acts, such as mass shootings or suicide, before they get a chance to take place. Again, the details of these laws depend on an individual’s state. To date, there are only 21 states with Extreme Risk Order Protection Laws put in place. Let us explore Red Flag laws by state.
States that Have Red Flag Laws
1. California
California allows a mix of specified groups of people to petition for an Extreme Risk Protection Order. This includes law enforcement, immediate family members, employers, coworkers, teachers, roommates, and people with a child in common or who have been dating. California has the most robust and most effective Red Flag gun laws compared to its constituents in the United States. They are ranked number 1 in the United States in terms of gun law strength.
2. Colorado
Colorado allows law enforcement, family and household members, specific medical professionals, and educators are permitted to petition for one. The state has taken extreme precautions and has been proactive in limiting violent crimes, especially since the Aurora movie theater shooting. They are ranked number eleven in the country in terms of gun law strength.
3. Connecticut
Connecticut allows law enforcement, family and household members, and medical professionals to petition for one. Connecticut is ranked number four in the country for its gun law strength. It continues to improve in this area since the Sandy Hook Elementary School shooting in 2012 that claimed the lives of twenty children and six adults. They continue to enhance their gun laws to prevent acts like this from happening again.
4. Delaware
Delaware allows law enforcement and family members to petition for one. Ranked number twelve in the country regarding gun law strength, the state is still pushing to improve its laws and make the state a safer place.
5. Florida
Florida is one of the four states that only allows law enforcement to petition for one. For many years, Florida’s gun laws were considered inadequate. In the wake of the shooting at Marjory Douglas High School in 2018, the state has made efforts to address its gun law issues. Though true, Florida still struggles with gun violence, as they are ranked number twenty-two for gun law strength.
6. Hawaii
Hawaii allows law enforcement, family and household members, medical professionals, educators, and colleagues to petition for one. Ranked number six regarding gun law strength, Hawaii is one of the safest states when considering gun violence. They are on a positive trajectory with the various laws they have in place.
7. Illinois
Illinois only allows law enforcement and family members to petition for one. Ranked number three in the country, the state has some of the best gun laws. Despite this, they still have the highest gun violence rates, likely attributed to the states around them.
8. Indiana
Indiana is another state that only allows law enforcement to petition for one. Ranked number thirty, Indiana has Red Flag laws and was one of the first states to implement it. Though true, the state’s other gun laws and policies aren’t adequate, resulting in their gun violence rate.
9. Maryland
Maryland allows law enforcement, family members, doctors, and mental health professionals to petition for one. Ranked number eight in the country, their gun laws are up to par, but the rate of deaths by gun says otherwise. The state is in pursuit of better gun laws to lower the violence happening.
10. Massachusetts
Massachusetts allows family and household members and gun licensing authorities to petition for one. Ranked number five in the United States, it is one of the upper-echelon states with gun laws.
11. Michigan
Michigan allows law enforcement, family and household members, and specific health care providers to petition for one. Having passed its Red Flag laws in 2023, along with other essential gun laws, Michigan is hoping to end the violence that takes place there.
12. Minnesota
Minnesota allows law enforcement and family members to petition for one. Ranked number fourteen in the country, this state has less violence than some of its counterparts.
13. Nevada
Nevada allows law enforcement and family and household members to petition for one. Ranked number nineteen concerning gun law strength, the state is expected to see a decrease in violence soon.
14. New Jersey
New Jersey allows law enforcement and family and household members to petition for one. Ranked number seven in the United States, the state has innovative policies that increase efforts to reduce violence.
15. New Mexico
New Mexico only allows law enforcement to petition for one. The state has undoubtedly made progress in bettering its gun laws. Though violence has spiked with the passing of these laws, murders, and suicides are expected to decline.
16. New York
New York allows law enforcement, district attorneys, family and household members, school administrators, and specific medical professionals. The Big Apple is ranked number two in the country for its gun law strength. Pioneering certain gun laws, New York is trending positively in this department.
17. Oregon
Oregon allows law enforcement and family and household members. It is ranked number ten in the United States for its gun law strength. Recently, the state has taken steps to vastly improve its Red Flag Laws.
18. Rhode Island
Rhode Island is the last of the states to only allow law enforcement to petition for one. Ranked number thirteen in the United States for its gun law strength, very few deaths by gun occur.
19. Vermont
Vermont allows state attorneys, the Office of Attorney General, and family and household members to petition for one. Compared to most states, Vermont’s gun laws require serious improvement, especially with their ongoing suicide issue.
20. Virginia
Virginia allows law enforcement and Commonwealth Attorneys to petition for one. It is ranked fifteenth for gun law strength. Since the COVID-19 pandemic, the state has made various efforts to improve its gun laws.
21. Washington
Lastly, Washington allows law enforcement and family and household members to petition for one. Ranked number nine in the United States for gun law strength, Washington has upgraded its gun laws, which has boosted their effectiveness.
Why Are Red Flag Laws Important?
Now that you can answer the question, “What are Red Flag laws?” Do you know why these laws are essential? Let us explore a case where Red Flag laws could have potentially been used and affected life and death outcomes.
In October of 2023, Robert Card committed two tragic mass shootings in Lewiston, Maine. He ended up killing eighteen people in total. He was a reservist who was evaluated for psychiatric and mental issues before killing these people.
Through investigation and identifying ways that this ordeal could have been prevented, it was found that the state of Maine’s yellow flag law should have been enforced in the case of Robert Card. It was also stated that their Red Flag laws couldn’t be enforced on Card because he was not a New York resident.
The difference between the yellow flag law and Red Flag Laws is that a medical professional assessment is required, making it more tricky to navigate. Having said that, Card’s actions could have been prevented with a better understanding and more precise implementation of these laws.
Sources:
- Which States have Extreme Risk Laws? Accessed July 2024.
https://everytownresearch.org/rankings/law/extreme-risk-law/
- Army Reservist Who Warned About Maine Killer Before Shootings to Testify Before Investigators, Accessed July 2024.
- New York law couldn’t be used to disarm reservist before Lewiston shooting, Army official says, Accessed July 2024.
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