In an effort to curb gun violence, States are enacting Red Flag Laws. Red Flag Laws have risen in popularity in many States as the increase in gun violence continues to escalate nationwide. The core component of the Red Flag Law is that a State Court is permitted to issue a certain protection order that allows police to temporarily confiscate firearms from people who are deemed to be a danger to themselves or others.
Each State’s individual Red Flag Law will determine the length firearms may be confiscated, who can petition the Court, and how a Judge deems whether a person is a danger to oneself or others. Some people who may bring a petition to the Court include family, household members, school administrators, law enforcement, medical professionals, coworkers, and state attorneys. A final Order can range from 6 months, 1 year, or even indefinitely. In New Jersey, the Order can be indefinite until the person whom the order is against proves that they are no longer a danger. The Orders also bars individuals who are subject to the Order from purchasing guns.
At present, there are 19 states and the District of Columbia that have a variation of a Red Flag Law. Currently, Minnesota passed a Red Flag Law bill through the House of Representatives, but we are waiting to see if it will pass through the Senate.
In Minnesota, related protection orders include Order for Protection (OFP), Harassment Restraining Order (HRO), and Domestic Abuse No Contact Order (DANCO).
If you have questions related to a possible Order for Protection (OFP) or Harassment Restraining Order (HRO), please do not hesitate to contact our office (952) 224-9410
