Public safety commissioner explains Minnesota's new red flag law
MINNEAPOLIS — A new "red flag" law went into effect in Minnesota on Jan. 1.
There is confusion on how it's going to work. And there is uncertainty for those who want to use the new law to try and get a loved one's gun taken away because they might pose a threat.
The red flag law was another of the groundbreaking pieces of legislation passed by the 2023 Minnesota Legislature. At least 21 other states and the District of Columbia have similar laws. The laws here and elsewhere are aimed at those who are worried about someone they know who has a gun and could harm themselves or someone in the community.
Here in Minnesota it's actually called the Extreme Risk Protection Order law. There are two types or orders: one is temporary and one is permanent. The forms are available right now on the Minnesota Judicial Branch website. If you file a petition you have the right to appear virtually in all matters. You must provide what's called "clear and convincing evidence" that an order is needed. That is a lower standard than the criminal standard of beyond a reasonable doubt.
Minnesota Department of Public Safety Commissioner Bob Jacobson, who spent 33 years in law enforcement with the New Brighton Police Department, was a guest on WCCO Sunday Morning at 10:30 a.m.
"You can file an order if you are a spouse or domestic partner, a roommate or a child or parent or someone who is involved in a quote 'significant romantic or sexual relationship with an individual,'" he said.
Gun rights groups continue to express their concern that individuals will have their guns taken away without an adequate reason or just because of a personal vendetta. If you are named in the petition and someone is seeking to take your gun away you can schedule a hearing through that same Minnesota Judicial Branch website. It is the judges in the local district court who will decide if a gun will be removed.
It will take some time to see how this new law plays out across the state. Supporters echo what Gov. Tim Walz has said about this law: if it saves just one life it will be worth it.
You can watch WCCO Sunday Morning with Esme Murphy and Adam Del Rosso at 6 a.m. and 10:30 a.m.