As investigators probe the mass shooting at a Minneapolis church that killed two children and wounded at least 18 other people, experts say Minnesota's "red flag" law could prevent such attacks if more people were aware of it.
The state has had an Extreme Risk Protection Order law in the books since last year, which gives judges the ability to remove a person's weapons following a petition from select individuals, such as a parent or police officer, who proves they are a risk to others or themselves. Minnesotan Democrats pushed to pass the law for years, citing gun violence instances across the state and successful ERPO laws in other parts of the country.
Although the investigation is ongoing, Minneapolis law enforcement leaders said it does not appear that an ERPO was sought for suspect Robin Westman, despite early evidence suggesting the shooter may have posed a risk due their writings and videos indicating harm.
Spencer Meyers, the state and local policy attorney for Giffords Law Center, told ABC News that despite the success of ERPO laws across the country, there is still an issue of public awareness of the option, especially among civilians.
"Folks are still learning about the law and this highlights the importance of ensuring that folks know these laws exist and how to make use of them," he said.
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Minnesota is one of 21 states that have extreme risk laws on the books, which give judges the power to remove weapons from a person who has demonstrated risk to others and themselves. Florida, Oregon, New York and Illinois are some of the other states with such laws.
The laws allow law enforcement, family or other concerned parties to provide details -- such as conversations, writing and other evidence -- to the judge to help make their case.
Opponents of the law and similar bills have argued that they deny people's 2nd Amendment rights. But proponents note that any petition must be backed by evidence and reviewed by a judge before the weapons are removed.
Under Minnesota's ERPO law, which went into effect on Jan. 1, 2024, family members, legal guardians, law enforcement officers, prosecutors and a household member can request a judge to prohibit a person from owning or purchasing a gun due to a safety concern.
Petitions can be filed online.
To obtain an extreme risk protection order, the applicant must show "the person presents an immediate and present danger of bodily harm to others or taking their own life," according to the Minnesota Judicial Branch. The gun owner can appeal the order to the judge.
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A 2024 study published in the Journal of the American Academy of Psychiatry and the Law found that one suicide was prevented for every 17 to 23 ERPOs issued by a court.
There have been 284 ERPO petitions filed in Minnesota courts this year through Aug. 1, according to data from the Minnesota Judicial Branch compiled by the Minnesota Post. The filings are more than all of the ERPO petitions filed in 2024, according to the data.
Of the 284 ERPO petitions filed in Minnesota this year, only 14 -- or 5% -- were rejected, according to the data.
Meyers, who worked with Minnesota leaders and officials to implement their ERPO law, said that the majority of the petitions came from law enforcement, which he said shows that family members who have the ability to make the petition are still getting used to the law in place.
"We've seen efforts with awareness programs. Stigmas are a concern for any process involving mental health crises and a loved one, but it is important to make sure that people recognize this is a way to save lives. It is a way to protect family members who are in crisis," he said.
Minneapolis Police Department Chief Brian O'Hara told ABC News Thursday that Westman legally purchased the three firearms used in the shooting. Investigators so far have uncovered evidence that the shooter had "harbored a whole lot of hate" towards certain groups of people and an obsession over past mass shooting suspects, according to O'Hara.
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The chief added that the shooter did not have a criminal history.
Meyers said the church shooting and other reported incidents should increase awareness of "red flag" options throughout the country, and it is imperative that lawmakers, law enforcement and other groups promote the law to as many people as possible through outreach programs, the media and other avenues.
"Every one of those [ERPO petitions] is a potential tragedy avoided and life saved," he said.
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