As we begin 2024, two controversial new laws passed by the Minnesota legislature last session have gone into effect. While I opposed both of these new laws, I believe it is important to understand the changes they make and the potential impacts.
Red Flag gun law
First is the new extreme risk protection order law, also known as Red Flag. This law allows family members, law enforcement, and others to petition a court to temporarily prohibit someone from possessing firearms if the petitioner believes the individual poses a danger to themselves or others. The criteria for who can initiate a petition is fairly broad, the burden of proof is low, and the petition can take place without the accused even being aware of it or having an opportunity to present their side of the story.
If issued, the court order would require the individual to surrender their firearms. The individual can submit a request to terminate the order, where they must prove with clear and convincing evidence they are not a danger. In other words, guilt is assumed. The accused must prove their innocence.
An individual subject to Red Flag could be prohibited from possessing firearms for up to one year. Violations could result in losing firearms for 5 years. There are penalties for initiating a petition under false pretenses, but you must prove the petitioner knew the information they were providing was wrong – an obviously difficult standard when most situations will be a matter of one person’s word against another’s.
Everyone wants to keep firearms out of the hands of dangerous individuals, but there is little evidence that red flag laws effectively prevent gun violence. I am also concerned about the lack of due process and the potential for the law to be abused with malicious, false, or frivolous petitions that could disarm lawful gun owners – especially when penalties for those false petitions are nearly nonexistent.
Earned sick and safe time mandate
Also new as of January 1 is the earned safe and sick time law, which requires employers to provide paid time off to their employees. Workers will earn at least one hour of paid leave for every 30 hours on the job. This can be used if the employee or a family member gets sick, experiences domestic abuse, or if a child’s school closes due to weather.
This is short-term leave. It differs from the paid family leave law, which is aimed at long-term absences.
The program affects every single employer in Minnesota, regardless of size.
Like paid leave, expanding access to sick and safe time for more employees is a laudable goal. The issue is the increase in red tape and one-size-fits-all mandates. The law treats all businesses the same, but those businesses vary a lot in what they can afford. What’s a small cost for a big corporation could be a massive, unworkable burden for a local shop.
Requiring paid leave costs businesses a lot, especially the small ones that populate corners on every Main Street in Minnesota. To save money, they may reduce employee hours, pay their employees less, or even cut jobs. I am concerned this could end up having unintended consequences that hurt workers.
Contact me:
If you have any questions about any issues we are working on at the legislature, feel free to contact me any time at sen.john.jasinski@senate.mn or 651-296-0284.
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It is a privilege to serve you!