Red flag laws get a second look

States move to make changes after Maine mass shooting

We’re encouraged that the U.S. Supreme Court justices appear to agree with our amicus brief in U.S. v. Rahimi. While a final ruling in the case won’t come until June, they seem inclined to uphold the legality of a federal law that makes it a crime for those accused of domestic violence and subject to a domestic violence protective order (DVPO) to have guns. This would be the right decision. A new federal policy review led by the University of Michigan demonstrates that DVPOs are associated with reductions in intimate partner homicides, and therefore serve as a critical tool for reducing gun deaths.

However, enforcement is key. There are numerous examples of lax enforcement of laws that bar domestic abusers and others from owning guns, leading to tragedy. We believe not only in laws that assure that guns stay out of the hands of dangerous individuals, but also in the proactive and uniform enforcement of these laws, which is why we’re glad to see some states taking a second look at their red flag laws—or lack thereof.

Many shooters talk about their plans or raise alarms with family and friends, and interventions in those cases can be life-saving. Our research has found that if red flag laws incorporate due process provisions like a timely trial and the subject being able to present evidence, support for these laws among gun owners is as high as 81 percent. More broadly, about 70 percent of Americans favor red flag laws that allow law enforcement to temporarily remove guns from people deemed a risk to themselves or others, according to an Associated Press/NORC poll. Bipartisan gun control legislation signed by President Biden last year was meant to encourage states to pass such laws, but so far, only two states (Minnesota and Michigan) have enacted them, joining 19 states that already had them in place.

The mass shooting in Lewiston, Maine, on October 25 seems to be changing that trend. After Maine’s yellow flag law failed to prevent the shooting, states including Arizona, New Mexico, and Pennsylvania are looking to institute or tighten red flag laws. In Maine, the mass shooting has led to serious questions about the efficacy of the state’s mental health care system as well, and an independent commission has been established by the governor to investigate the failures that led to the tragedy.

This is exactly what needs to happen to prevent the next Lewiston, and will ultimately be more effective than kneejerk reactions that would violate the Constitution.