Data on red flag weapon seizures is spread out among courts in Indiana’s 92 counties — making it difficult to take a comprehensive look at how often it’s used — but a June 2018 study found that the law has made an impact on reducing suicides by firearm.
Researchers at the University of Indianapolis reported that Indiana's red flag law led to a 7.5 percent decline in firearm suicides, relative to expected rates, and the study estimated that 383 firearm suicides were prevented in the 10 years following enactment of the law.
In 2005, Indiana lawmakers adopted the “Jake Laird Law,” named after a police officer shot dead by a heavily armed man who months earlier showed warning signs that he could be dangerous. The law allows police to seize weapons with or without a warrant if someone is deemed dangerous. Court hearings are held within 14 days of a seizure.
Effectiveness of red flag laws
Aaron Kivisto, an associate professor of clinical psychology at the University of Indianapolis and lead author of the study, said that most research on Extreme Risk Protection Order laws has focused on suicide, in part because most of the weapons seizures are prompted by concerns about suicide.
Less is known about the effectiveness ERPO laws have on preventing homicides, including mass shootings, Kivisto said.
“That said, even if ERPOs turn out to have little effect on mass shootings, the fact that we know they save lives through preventing suicide is reason enough to utilize these laws,” he said.
Suicides account for more than 60 percent of the gun deaths in Ohio and across the nation. Between 2007 and 2018, there were 15,406 firearms deaths in Ohio: 9,446 suicides, 5,642 homicides, 177 accidental deaths, and 141 undetermined reasons, according to the Ohio Department of Health data.
During that same time in the Miami Valley, there were 1,943 people killed by firearms.
‘Do something’
On Aug. 4, as Ohio Gov. Mike DeWine spoke at a vigil for shooting victims in Dayton’s Oregon District hours after a gunman killed nine people and wounded 26 others, a large section of the group chanted for him to “do something” about gun violence. Days later, he rolled out a 17-point plan to address gun violence, including increasing access to mental health care and adopting a “safety protection order” law — also known as ERPO or red flag laws.
Related: Can DeWine get his gun reforms through the Legislature?
The governor said he expects to unveil details of the proposed bill very soon.
Gun rights groups, though, generally oppose red flag laws because they view them as ineffective and an infringement on 2nd and 4th Amendment rights. Rather than seize property from someone in a crisis, it’d be better to get them the mental health treatment they need, according to the Buckeye Firearms Association.
Brien Dyer, a retired psychiatrist who lives in Dayton and supports gun reforms, noted that mental illness is not the root cause of all gun violence. “It’s not just the mentally ill. It’s a lot of people who have a lot of different reasons for behaving the way they do.”
Ohio Senate President Larry Obhof, R-Medina, has said the DeWine administration is working to address due process concerns that have proven to be a stumbling block for previous red flag bills.
The American Civil Liberties Union of Ohio said many ERPO laws contain provisions that the ACLU finds concerning. The ACLU of Ohio will look at: what due process is afforded, who can petition for an ERPO, what legal standards must be met by petitioners and the courts, and whether the accused has a right to counsel.
18 red flag laws nationwide
A Dayton Daily News analysis of the 18 red flag laws on the booksacross the country found that most allow for police or family members to petition for a seizure order; an initial temporary order is issued without prior notice to the gun owner; full hearings are held within 21 days or the gun owner may request a hearing; long-term orders are usually for six to 12 months.
For example, in Indiana, data show that 63 percent of the firearms were retained at the initial hearing, the case was dismissed in 29 percent of the ERPO hearings and there is no clear data in the remaining cases, according to Kivisto said.
He added that states adopting ERPO laws now are providing a mechanism for family members to petition the court, and there is more public awareness about the laws. “Without family members being aware of these laws, however, they can become largely ink on a page rather than something with the potential to save lives,” Kivisto said. “The intentional dissemination we’re seeing about these laws is very promising.”
Related: Ohio mayors, police chiefs call for changes to gun laws
‘No one called police to report Adam Lanza’
In 1999, Connecticut was the first state to enact a red flag law.
“That law has sat on the books, unamended, for 20 years, which is important because it’s never been successfully challenged in the court. Not under the 2nd amendment, not under the 4th amendment against search and seizures,” said Mike Lawlor, a Connecticut lawmaker from 1986 to 2010, and now an associate professor of criminal justice at the University of New Haven.
Lawlor, who helped craft the law, said he expected it to be used infrequently — and initially it was. But following the mass shooting at Virginia Tech in 2007 and again after the Sandy Hook massacre in 2012, people began calling police to report armed and dangerous people. Lawlor attributes the uptick to higher awareness to the fact that the law exists.
Since its adoption, police in Connecticut have obtained seizure warrants more than 1,400 times, he said. He noted that the affidavits sworn by police to get the warrants detail imminent threats. “This is not a ‘time to mess around’ situation,” he said.
The law isn’t perfect, especially if no one asks police to apply it.
No one called police to report Adam Lanza, the 20-year-old man who shot and killed 20 children and six adults at Sandy Hook Elementary School in December 2012, even though Connecticut’s red flag law was in effect.
“If they had sought a red flag warrant, they might have been able to get it and prevented that tragedy,” Lawlor said.
18 red flag laws on the books in the United States
California
2014
Police or family members may petition for temporary and final orders to seize weapons from those deemed to be a danger. The owner may petition for early termination of the order.
Colorado
2019
Police or family may petition the court and a judge can decide within 24 hours to compel the gun owner to turn in his weapons. Within 14 days, another hearing would be held. Guns may be returned or seized for up to 364 days. The judge may order mental health treatment.
Delaware
2019
Police or family may file for a court order if they show clear and convincing evidence that someone is a danger to themselves or others. The order may be issued at an emergency, ex parte hearing, with a full hearing held within 10 days. The order can be in effect for one year.
District of Columbia
2018
Police, family, mental health professionals may petition for a 14-day temporary or one-year final order. Owner may petition for early termination of the order.
Florida
2019
Police may petition the court for an order to remove weapons or ammunition from someone who poses a danger to themselves or others. The order may be in place for up to a year.
Hawaii
2019
Family, educators, medical professionals, co-workers, police may petition for a 14-day temporary order or one-year final order. Owner may petition for early termination of the order.
Illinois
2019
Police, family or roommates may petition for a court order to remove firearms from those deemed to be a threat to themselves or others. Temporary orders are for up to 14 days. After a full hearing, orders of up to six months are permitted.
Indiana
2005
Police, family or roommates may petition for a court order to remove firearms from those deemed to be a threat to themselves or others. Temporary orders are for up to 14 days. After a full hearing, orders of up to six months are permitted.
Maryland
2019
Police, family or health professionals may petition for a court order to remove firearms and ammunition from someone deemed to be a threat to themselves or others. The court can issue an interim or temporary order to seize weapons and may order an emergency
Massachusetts
2019
Family or local police may petition for a court order to seize weapons from those deemed to be a danger to themselves or others. The order can be in place for up to a year. The court has 10 days to hold a hearing on the petition.
Nevada
2019
Police or family may petition the court for a temporary order lasting up to seven days and a final order lasting up to one year. The gun owner may request a hearing.
New Jersey
2019
A court may issue a seizure order for up to a year to remove firearms owned by those deemed to be a threat to themselves or others. The gun owner may request a court hearing.
New York
2019
Police, family or school officials can petition the court for an order to remove firearms from those deemed to be a threat to themselves or others. A temporary order could last up to six days until a hearing is held on a permanent order, which can last for up to one year.
Oregon
2017
Police or family may petition the court for a temporary order. A hearing must be held within 21 days. A final order can be in place for up to one year.
Rhode Island
2019
Police may petition the court for a removal order from someone deemed to be a threat to themselves or others. A full hearing must be held within 14 days after the temporary order is issued. A permanent order can be issued for up to a year.
Vermont
2019
A prosecutor or state attorney general can request a court issue a risk protection order. A hearing must be held within 14 days of the initial order.
Washington
2016
Police or family may petition for a temporary order that lasts up to 14 days and a final order that lasts up to one year. The gun owner may petition for early termination of the order.
Connecticut
1999
State attorney general or any two police officers may petition a court. A temporary order is 14 days. A final order lasts up to one year. There is no early termination process.
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