ROCHESTER — They are called “red flag” laws for short, and last month Minnesota became the latest state to pass a measure aimed at restricting potentially dangerous people from accessing dangerous weapons.
But how do they work? And how will life, particularly those of gun owners, be different under the new law?
There are now 20 states with red flag laws on their books. They can differ from state to state. Minnesota’s red flag law allows a friend or family member to bypass law enforcement and take their case directly to a judge. Minnesota's law will take effect Jan. 1, 2024.
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Earlier laws in Connecticut and other states took a different approach, requiring the public to make reports to prosecutors or the police, who would decide whether to petition the courts. Minnesota sidesteps that requirement.
Previously, a person in Minnesota concerned about a family member’s access to guns could “always call law enforcement, but law enforcement then has to basically develop a case on their own,” Olmsted County Attorney Mark Ostrem said. “It takes out that speed bump and allows that information to be put directly into the petition.”
The who and the what
The petitioners can be family or household members, chief law enforcement officers, mental health professionals, city or county attorneys, or guardians.
The petition must contain certain elements. It must allege the person poses a significant danger of bodily injury to others or at is risk of committing...
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