Red flag laws can be a lifeline for our children and youth

Of the more than 45,000 deaths from firearms in the United States in 2020, 10,197 (22 percent) were of children and youth ages 0-24 years old. It will take a multi-pronged approach to stem the tide of this gun violence public health epidemic and help save thousands of lives. 

Some of these approaches were addressed this week in a bipartisan Senate bill, which passed the Senate last night with a vote of 65-35, with 15 Republicans voting in favor of it. The Bipartisan Safer Communities Act includes state funding to implement extreme risk protection order (ERPO) laws or “red-flag” laws. Depending on the state, these laws allow certain individuals (law enforcement, family members, etc.) to petition a court to temporarily prohibit an individual at risk of harming themselves or others from possessing or purchasing a firearm, averting potential harm from suicidal or homicidal ideation, including threatening mass shootings. 

Studies have demonstrated that red flag laws are effective in preventing suicides and mass shootings. Although general in application, these laws could protect children living in households threatened by domestic violence. They can also prevent at-risk older youth from committing acts of violence against themselves or others.  

ERPO laws are significant for their life-saving impact on all Americans, but also are advantageous because there is bipartisan agreement that they don’t infringe on Second Amendment rights. These laws are also supported by professional organizations such as the American Academy of Pediatrics as a gun violence prevention policy priority. 

In the field of pediatrics, we often care for kids until they graduate from college — into their early 20s. Because young adults 18 years and older can legally purchase long guns, including semi-automatic military-style assault weapons, ERPO laws also directly impact this age group. ERPO laws could also decrease the risk that younger children living in homes affected by domestic violence or living with individuals with mental health or substance use disorders from literally getting caught in the crossfire of a domestic shooting (although individuals with mental health disorders are more likely to be victims of firearm violence than perpetrators.) Just as civil protection orders like restraining orders can protect children who may live in a situation at risk for domestic or intimate partner violence, ERPO laws could similarly protect children. 

ERPO laws allow those who will most likely encounter and protect at-risk individuals — including family members, health providers, school officials, or law enforcement — to initiate or file a petition. They can directly empower concerned individuals, including relatives of suicidal teenagers and victims of domestic violence. Thus, it is imperative that residents in states with ERPO laws know about them and understand how to file a petition. It is not enough to merely pass red flag laws; states also need to ensure their residents are aware that these laws could be an important mechanism to protect themselves, their loved ones, and their communities. 

National funding incentives for states to pass or strengthen ERPO laws are important for training law enforcement and educating residents, as well as those in the judicial system, about what red flag laws can do and how and when to use them. Financial resources also enable government agencies to coordinate with each other to more effectively implement these laws. Without this national support, some states who currently have ERPO laws may decide to repeal them, and others may elect not to pass them at all. Such measures can also encourage states to make existing red flag laws more effective. Indiana, for example, has a red flag law with a fatal loophole: Individuals whose firearms have been seized pursuant to ERPO can still purchase new firearms. 

Currently, only 19 states and the District of Columbia have these laws. As gun violence prevention discussions continue around how best to balance public safety and individual rights, ERPO laws can be the least intrusive public safety measure, the solution that both allows firearms enthusiasts to pursue their interests without unnecessary hindrances and safeguards for those at risk to themselves or others. 

But to maximize the effectiveness of these laws we need to ensure there is widespread adoption and education for law enforcement and the public to protect those at risk and the community at large — including our children and youth. 

Lois K. Lee, M.D. MPH is a pediatric emergency medicine physician at Boston Children’s Hospital and an associate professor of Pediatrics and Emergency Medicine at Harvard Medical School. Jody Lynee Madeira, JD, Ph.D., is a professor of Law and Louis F. Neizer Faculty Fellow, and co-director of the Center for Law, Society & Culture at the Indiana University Maurer School of Law.