Red Flag Laws Work…But Only If You Use Them

The heinous shooting at Annunciation School in Minneapolis last Wednesday was a textbook case of how a red flag law could have prevented a tragedy. Two children were killed and 18 other people were injured by an armed assailant, who shot through the stained-glass windows of the church where the schoolchildren had gathered for Mass. The perpetrator, who legally obtained the Taurus semiautomatic pistol, Mossberg pump-action shotgun, and Magpul semiautomatic rifle used in the shooting, had an obsession with mass shooters, a history of mental illness, and, by their own admission, a “good support system.”

If only there were a red flag law, right?

But here’s the thing: Minnesota does have an Extreme Risk Protection Order (ERPO) law, the formal name for a red flag law. It just wasn’t used in the case of Robin Westman.

More details about Westman and about what family and friends observed in the weeks leading up to this tragic event are bound to come out. But from what we know so far, there is no indication that anyone sought an ERPO on Westman’s behalf.

Strong Support—Proven Effectiveness

ERPO laws allow temporary removal of firearms from individuals deemed an imminent risk to themselves or others. Typically a law enforcement officer or family member files a petition, and a judge makes a determination. Surveys show broad support for ERPOs—even among gun owners. Our research shows that approximately 72% of gun owners nationwide back ERPOs when applied with due process safeguards.

Evidence from multiple states underscores the life-saving potential of ERPOs. For instance, in California, where they are known as gun violence restraining orders (GVROs), a study showed that 21 potential mass shootings were prevented through the application of GVROs. ERPOs are also efficacious in preventing suicides. Case studies indicate that roughly one life is saved for every 10 to 20 ERPOs issued.

Training Is Key

If they’re so effective, why aren’t ERPOs used more often? A few reasons. First, lack of adequate training of law enforcement officers. We just wrote a couple weeks ago that more ERPO petitions were filed in Minnesota in the first seven months of this year than in all of 2024, when the law went into effect. The rise has been attributed to growing buy-in from police.

Many law enforcement officers resist ERPOs at first, seeing them as armed “gun grabs.” Similarly, some states enact ERPO laws without clear procedures or funding for training, hindering proper implementation.

However, in places like Maryland, proactive efforts to train officers paid off—thousands were brought up to speed on ERPO use, leading to meaningful interventions that may have prevented school shootings. Through consistent training, particularly when combined with Behavioral Threat Assessment and Management, initial hesitancy can shift toward acceptance and trust in the process, as occurred this year in Minnesota.

Family Concerns Count

A second obstacle to ERPO use is family reticence. Some say they fear initiating an ERPO will “get their loved one in trouble.” This concern is especially prevalent in communities of color and among younger demographics. Yet research shows that, in crisis, many respondents understand the intent behind the law and are even grateful for the temporary intervention, which provides a buffer when help is most needed.

In this clip, 97Percent’s Senior Training Specialist Chris Carita, a veteran law enforcement officer and expert on ERPO implementation, explains how ERPOs empower families to take action before a potential tragedy—without putting their family member in legal jeopardy.

Public Awareness Matters

And lastly, despite their promise, ERPO laws can fall short due to limited public knowledge. Although 21 states now have ERPOs in place, many citizens don’t know if or how they can use them—or that they exist at all.

A study commissioned by the Joyce Foundation and undertaken by the Ad Council Research Institute found that more effective communication about how these laws work can help promote safer communities. The study authors recommend using public campaigns that provide state-specific information. They also suggest that two frames work best to inform the public about ERPOs: success stories from people who used the law successfully, and an emphasis on the law’s design to prevent negative action by a person at risk, rather than being a punishment.

In 2024, largely based on studies like this, the Biden Administration launched the National ERPO Resource Center in partnership with Johns Hopkins Bloomberg School of Public Health. The website provides all stakeholders with state-by-state information on how to implement this critical intervention.

At 97Percent, we believe ERPO laws can—and do—save lives. But their effectiveness depends on adequate law enforcement training and public awareness. Officers must be skilled and confident in navigating the process, not operating out of confusion or fear. And families and communities must understand what ERPOs are, how to access them, and that temporary intervention is not punishment.

When these components align, ERPO laws can fulfill their promise, offering timely, compassionate intervention before tragedy strikes.