Red-Flag Laws: A Balanced Approach to Safety and Rights

In Minnesota, Extreme Risk Protection Orders (ERPOs) are issued when a person poses a significant danger of bodily harm to others or themselves, particularly if they are at high risk of suicide while possessing a firearm. These laws are intended to prevent tragedies by temporarily removing firearms from individuals during times of crisis.

I am in favor of such laws—as long as they uphold due process as required by the 14th Amendment. Safeguarding constitutional rights is essential when implementing any policy, particularly one that temporarily restricts access to firearms.

There are times in a person’s life when having their access to firearms temporarily restricted can be a necessary and lifesaving measure. Mental health can change in an instant—due to grief, trauma, or other crises—and those moments can pass just as quickly.

Speaking from personal experience, I can acknowledge that there have been moments in my life when I am grateful I didn’t have access to a firearm. More often than not, those moments last for a few days or a brief period, but they serve as a reminder of the importance of recognizing mental health challenges and acting with care.

Ensuring Due Process: ERPOs must be handled through a fair and transparent process that allows individuals to challenge the order in court and provides clear timelines for reinstating their rights.

Temporary, Not Permanent: These orders should be designed to expire within a set period of time, unless renewed through additional legal review. The focus should always be on stabilization and recovery, not permanent disarmament unless long-term risk is proven.

Supportive Interventions: In addition to firearm restrictions, individuals subject to ERPOs should have access to mental health resources and crisis support services to address the underlying issues that led to the crisis.

Red-flag laws are not about punishment—they’re about prevention. When implemented thoughtfully and with respect for constitutional rights, these laws can prevent impulsive actions that could lead to tragedy while helping individuals through their most difficult moments.

By ensuring that these protections include due process, transparency, and timely reviews, we can strike a balance between public safety and personal liberty. Supporting individuals in crisis helps protect both them and the community while upholding the principles of fairness and justice.