ST PAUL, Minn. — A day after Minnesota's red flag laws went into effect, Gov. Tim Walz said he's "grateful" the state is doing its part to make communities safer.
"This is smart," the governor said at a press conference Tuesday afternoon. "I say this as a gun owner, as a veteran, as a lifelong hunter: None of these things infringe on your constitutional rights to safe usage of firearms. What they do do, is they save lives and they make our cities and our homes a little bit safer."
Under the new law passed last session by the DFL-led legislature, an "extreme risk protection order" can be filed to prohibit a person from possessing a firearm for up to a year if they pose "a significant danger of bodily harm for other persons or is at significant risk of suicide by possessing a firearm."
The law states the petition can be filed on an emergency basis, pending "an immediate and present danger of either bodily harm to others or taking their own life."
If a court finds an emergency petition is appropriate, the accused is required to transfer their firearms within 24 hours to a federally licensed firearms dealer or law enforcement agency. When the emergency petition expires in 14 days, the law states firearms will be returned.
In cases where the court is asked to issue a long-term extreme risk protection order, for a period of six months to one year, a court hearing is required. The firearm owner targeted with the order would have an opportunity to defend his or her right to keep the weapon.
"This law is different because this law will save lives," said Lt. Gov. Peggy Flanagan.
Flanagan went on to explain what the legislation could mean for survivors of domestic gun violence, claiming roughly 70 women are shot and killed in the United States each month by their intimate partners.
"Seventy daughters, sisters, mothers and friends every month — but we will not accept that as our reality here in Minnesota," she said. "... If this law saves just one life, it is a success."
Richfield Police Chief Jay Henthorne, speaking on behalf of the Minnesota Chiefs of Police Association, said his organization welcomes the extreme risk protection orders as another tool to keep people from harming themselves or others.
"Persons in crisis and considering harming themselves or others often exhibit clear warning signs," Chief Henthorne remarked.
"Family members and law enforcement are usually the first people to see these signs, but in too many cases they have few tools to take preventive action despite picking up on those signs."
Henthorne said that officers involved in removing weapons pursuant to an extreme risk protection order would have to consider the totality of circumstances in the interest of safety for all involved.
"We want to make sure that everyone’s safe in these situations where we have to go with a search warrant and take weapons. Obviously, people can voluntarily turn them in. That’s what we would prefer."
Minnesota Sen. Ron Latz (DFL-St. Louis Park) co-authored the bill. He also spoke Tuesday, comparing data between states that have already instituted their own red flag laws. Latz said similar laws in states like Connecticut, Maryland, Florida, California and Vermont have already proven successful in preventing instances of gun violence.
"I think you can be fairly confident that had the guns not been removed from those persons that there was going to be some gun violence following that," he said. "It's not often we get to stand up here and say what we did will in fact save lives, but absolutely, this one will."
Walz agreed, thanking lawmakers, law enforcement officials and anti-gun violence groups for "supporting common-sense legislation."
"This isn't a Second Amendment issue, this is a public safety issue," Walz said, "and the false choice that again we have to live the way we do in this country when other nations do not, is unacceptable."
For more information about extreme risk protection orders in Minnesota, visit the Department of Safety's website. You can also fill out a form here.
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