Stop Ignoring the Signs: Why America Needs Red Flag Laws Now
The Southern institutions we all know and love—extra sweet tea, SEC football, crawfish boils, and Delta Dawn playing on repeat—are often celebrated. But beneath this charming veneer lies a harsh reality: the South grapples with some of the highest rates of gun violence in the country. Not all gun deaths are created equally; they include a mix of homicides, suicides, and accidental deaths that require tailored interventions.
Gun deaths per capita paint a sobering picture. Mississippi has the highest firearm-related death rate in the U.S. at 29.6 per 100,000 people, followed closely by Louisiana at 28.2 and Alabama at 25.5. Alarmingly, these states report high rates of firearm suicides and domestic violence incidents, pointing to areas where targeted policies could make an impact. In contrast, states such as Massachusetts and Hawaii boast lower homicide and suicide rates related to firearms, a testament to the efficacy of stringent gun policies.
The same communities that pride themselves on warm welcomes and close-knit traditions are too often plagued by the devastating impact of firearm-related incidents. From small towns to bustling cities, the idyllic Southern landscape is marred by gun violence, revealing a deep and urgent need for safety, accountability, and reform. One evidence-based solution? Red flag laws.
What Are Red Flag Laws?
Red flag laws, or Extreme Risk Protection Orders (ERPOs), aim to prevent gun violence by allowing courts to temporarily remove firearms from individuals deemed a threat to themselves or others. These orders can be requested by law enforcement, family members, or healthcare providers. They typically include an initial temporary ban, followed by a hearing to determine whether a longer-term restriction is warranted.
Studies by esteemed institutions such as the University of Michigan and Johns Hopkins University demonstrate the effectiveness of ERPOs. One multistate analysis found that for every 17 ERPOs issued, one suicide was prevented, equating to 269 lives saved and an overall decline in firearm suicide rates. In addition, over 10% of petitions in a study of 6,500 ERPO cases were filed to prevent mass shootings, highlighting their role in averting large-scale tragedies.
Yet, these laws face both practical and legislative challenges. Critics point to the difficulty in enforcing removal orders effectively and safeguarding against misuse. Studies underscore that while temporary firearm seizure orders with due process meet constitutional standards, effective implementation requires rigorous training for law enforcement and judicial systems to navigate these orders without infringing on individual rights.
Despite this potential, only one Southern state—Florida—has enacted an ERPO law. Florida’s decision came after the 2018 Parkland school shooting, where Nikolas Cruz displayed ‘every red flag’ before tragically killing 17 students. In stark contrast, states like Louisiana, which has the highest firearm homicide rate in the country, still have no plans to adopt such measures. In March 2024, Louisiana legislators rejected a proposed ERPO bill, disregarding the overwhelming evidence of its potential to save lives.
The Barriers to Reform
Why does the South resist red flag laws? The largest roadblock is political opposition, fueled by influential lobbying groups such as the National Rifle Association (NRA). The NRA argues that ERPOs infringe on the Second Amendment, despite the U.S. Supreme Court affirming that respectful firearm removal, when executed with due process, meets constitutional standards.
Beyond constitutional debates, some argue that ERPOs have practical limitations. Critics raise concerns about enforcement challenges—how effectively can authorities retrieve firearms, and what safeguards prevent misuse? These are valid issues, yet states with red flag laws have largely implemented procedural checks, ensuring that petitions are carefully reviewed by courts and are subject to legal due process. [Ed: See, for example, the SCOTUS ruling in US v Rahimi.]
Meanwhile, other states are moving forward. Michigan recently became the 21st state to adopt an ERPO law, highlighting a growing national shift. The Bipartisan Safer Communities Act, signed into law in 2022, provides federal support for states that implement these measures. Yet, Southern lawmakers continue to resist.
Gun Violence is a Choice—Red Flag Laws Can Prevent It
The United States, with less than 5% of the world’s population, owns 46% of civilian firearms, equating to 120 guns per 100 Americans. This extreme saturation contributes to the highest firearm homicide rate among developed countries. A 2019 United Nations report criticized U.S. “Stand Your Ground” laws, which encourage the use of lethal force instead of considering it a last resort. [Ed: “Stand Your Ground” laws only apply when under threat of serious injury or death.]
In this context, red flag laws emerge as a critical preventive measure, addressing warning signs before they escalate into tragedy. Policymakers must expand ERPO access to include family and household members, who are often the first to recognize at-risk individuals.
Grassroots efforts, such as Moms Demand Action, prove that public pressure can drive change. Since 2019, the organization has hosted over 700 events to promote red flag laws, demonstrating that advocacy works. However, public awareness alone cannot overcome legislative inertia. The South must act
Gun violence is not an inevitability—it is a choice we make when we ignore the warning signs. The idyllic version of the South is incomplete without ensuring the safety and security of its communities. To preserve the values and traditions that define the region, we must embrace reform. The time to act is now.
