Americans and Minnesotans alike pride themselves on the right to keep and bear arms—a right enumerated by the Constitution of the United States through the Bill of Rights. Between the years 2000 and 2021, Minnesota saw a significant increase in death by gunfire. Of the 570 gun deaths reported in 2021, 164 were homicides, 393 suicides, and the remaining thirteen were characterized as either accidental or the intent was undetermined. This represents an increase over 2020, when there were a total of 513 firearm-related deaths, with 138 homicides and 354 suicides. Firearm-related homicides more than doubled between 2018 and 2021. Additionally, suicides, despite often being overlooked in statistics relating to gun-related deaths, accounted for more than two-thirds of all gun-related deaths in Minnesota in 2021.
To mitigate the risk of self-harm and protect the public from gun-related violence, Minnesota Governor Tim Walz signed a historic gun safety measure into law on May 19, 2023, which included a Red Flag Law (RFL). When Governor Tim Walz signed the bill into law, he emphasized the need to protect the state’s children. He stated, “… it’s about keeping our kids safe[.]” Lieutenant Governor Peggy Flanagan stated, “[b]y signing a red flag law and universal background checks into law, we are saving lives and building a better, more hopeful future for our kids.” Minnesota’s RFL is intended to take effect on January 1, 2024. At that time, Minnesota will join twenty-one other states and the District of Columbia, which have all instituted RFLs.
As is commonplace in the United States, when laws that curtail the ownership and use of firearms are proposed and/or enacted, there are calls from opponents that such laws violate individuals’ constitutional rights—the enactment of the RFL in Minnesota is no different. As decided by the Supreme Court of the United States (hereinafter, the Supreme Court or SCOTUS), the Second Amendment protects an individual’s fundamental right to bear arms for self-defense. However, the Supreme Court has found that the Second Amendment right is not unlimited, and the right to carry arms for any purpose is not protected.
Gun rights advocates, such as the National Rifle Association (NRA) and its supporters, have been vociferous proponents of individual gun rights and have been vigorously campaigning against gun control measures at the local, state, and federal levels. The NRA continues to challenge the effectiveness and constitutionality of RFLs. The group contends that RFLs are “designed to empower the government to confiscate Americans’ firearms without due process of law.” Further, the NRA believes that RFLs are “ripe for abuse,” given the divisive and corrosive political tones and public debates whenever a deranged individual commits a vicious crime with a gun. The NRA agrees that truly dangerous people should not have access to firearms but are concerned about how most RFLs are written. The NRA cites the lack of fundamental fairness, vague language, weak evidentiary requirements, and the potential for abuse as the basis for its concerns. Furthermore, the group believes that the real purpose of RFLs “is simply to empower judges to nullify Second Amendment rights with the stroke of a pen.” The NRA considers the presupposition that judges can predict who will commit dangerous and unlawful acts by issuing orders to prevent such acts from happening as flawed. While some of the NRA’s arguments do have merit, its conclusion that RFLs are unconstitutional is flawed.
Despite the recent incidences of mass shootings throughout the country, specifically school shootings, the NRA’s response is for greater security in schools rather than restrictions on gun ownership. However, according to the American Civil Liberties Union (ACLU), RFLs with provisions to “remove guns from people who pose a significant risk to themselves or others, can also be a reasonable way to further public safety.”
This article will determine the constitutionality of the RFL put forward by the Minnesota Democratic–Farmer–Labor Party (DFL), became law on January 1, 2024.