When talking about red flag laws, supporters will often point out how often such a law is used as proof of the law’s necessity. However, I’ve argued that such numbers are a poor measure. Saying that the law is used 100 times in a given time period doesn’t exactly address concerns regarding such measures.
A far better metric would be how many red flag orders were sought compared to how many final orders.
After all, a red flag order is a temporary order. It’s followed up by a hearing where actual due process rights are observed to determine if someone is a threat or not. Comparing those numbers would give us an idea of just what percentage of red flag laws are really “justified,” if such a thing can be.