97Percent Study Sheds Light on Enforcement Disparities of Red Flag Laws Across States
Washington, D.C.– 97Percent, a nonpartisan, nonprofit organization whose mission is to reduce gun deaths by including gun owners in the solutions, unveiled its findings today from a comprehensive study examining the enforcement efficacy of red flag laws across states. Titled “Empowering Enforcement: Maximizing Red Flag Laws for Gun Violence Prevention,” the research delves into the extent to which these laws are enforced and identifies best practices and causes for implementation disparities.
Click here for Executive Summary
Live Briefing
97Percent will brief its findings in a live virtual roundtable this Thursday, April 18, at 12 noon EDT, featuring Joshua Horwitz and Shannon Frattaroli from Johns Hopkins University, which just launched a national red flag law resource center in partnership with the U.S. Department of Justice. Also joining will be Christopher Carita, a former detective from the Ft. Lauderdale Police Threat Response Unit. For more information, visit www.97percent.us/redflag.
Key Findings
Red flag laws, formally known as extreme risk protection orders (ERPOs), are designed to prevent individuals deemed a risk to themselves or others from accessing firearms. They have been adopted by 21 states, and recent tragedies have spurred other states to consider adopting them as well. 97Percent’s study reveals significant variations in enforcement and effectiveness from state to state.
Two-thirds of the 21 states with existing laws on the books are enforcing them reasonably well, with 9 of those states doing a uniformly effective job.
Some best practices among states enforcing their red flag laws well include: establishing dedicated red flag units, often incorporating city attorneys; providing comprehensive training for law enforcement and other stakeholders; legislation that includes a search and seizure warrant, a clear definition of petitioners, and a mandate that courts be available 24/7 to receive petitions; and transparent reporting.
Among states struggling to enforce their red flag laws, barriers include: lack of training, concerns regarding due process, and flaws in the legislation that obstruct the ability to respond to threats.
“Our study underscores the need for a standardized approach to implementing red flag laws across all states,” said 97Percent Executive Director Olivia Troye. “Gun owners tell us all the time to enforce the laws already on the books, so our focus is on supporting the effective enforcement of red flag laws to safeguard our communities and prevent tragedies.”
The publication of this study marks the beginning of 97Percent’s new effort to build public understanding of red flag laws and promote their effective implementation in states with these laws in place.