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Wikipedia

Red flag law

April 11, 2024

For laws that required drivers of early automobiles to take certain safety precautions, see Red flag traffic laws.

In the United States, a red flag law is a gun law that permits a state court to order the temporary seizure of firearms (and other items regarded as dangerous weapons, in some states) from a person who they believe may present a danger. A judge makes the determination to issue the order based on statements and actions made by the gun owner in question.[1] Refusal to comply with the order is punishable as a criminal offense.[2][3] After a set time, the guns are returned to the person from whom they were seized unless another court hearing extends the period of confiscation.[4][5][6]

  States with anti-red flag laws
  States with red flag laws in effect

Orders issued under "red flag" laws, also called risk-based gun removal laws,[7] are known by several names, including Extreme Risk Protection Orders (ERPOs, in Colorado, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia); Extreme Risk Firearm Protection Orders (ERFPOs, in New Mexico); Emergency Substantial Risk Orders (ESROs, in Virginia); Firearm Restraining Orders (FROs, in Illinois); Gun Violence Protective Orders (GVPOs, in Hawaii); Gun Violence Restraining Orders (GVROs, in California); Lethal Violence Protective Orders (LVPOs, in Delaware), Risk Protection Orders (RPOs, in Florida); risk warrants (in Connecticut); Access Restrictions to Dangerous Weapons (in Maine), and Proceedings for the Seizure and Retention of a Firearm (in Indiana).[8] As of May 2023, 21 states and the District of Columbia have enacted some form of red-flag law.[9][10] The specifics of the laws, and the degree to which they are utilized, vary from state to state.[11]

History and adoption edit

In 1999, Connecticut became the first state to enact a red flag law,[12] after a rampage shooting at the Connecticut Lottery.[13] It was followed by Indiana, which adopted its legislation in 2005; called Jake Laird's Law, it was named after an Indianapolis police officer was fatally shot by a mentally disturbed man.[14][12][15] Subsequent red-flag laws were adopted by California (2014), Washington (2016), and Oregon (2017).[12] The California State Legislature was the first to enact a red flag law allowing family members to petition state courts to remove weapons from persons deemed a threat after Elliot Rodger committed a mass shooting in Isla Vista, California; the California law also permits law enforcement officials to petition the court for an order for the removal of guns from an individual for up to twelve months.[13]

Before 2018, only the above-mentioned five states had some version of red flag laws.[16] After the Stoneman Douglas High School shooting in Parkland, Florida, in 2018, that number more than doubled, as more states enacted such laws:[17][18] Florida,[19] Vermont,[20] Maryland,[21] Rhode Island,[22] New Jersey,[23] Delaware,[24] Massachusetts,[25] Illinois,[26] and the District of Columbia.[27] A content analysis study published in 2022 examined newspaper articles published in 2018 in three states that passed ERPOs after the 2018 Stoneman Douglas High School shooting in Parkland, Florida (Florida, Rhode Island, and Vermont) and three states that did not (Pennsylvania, Colorado, and Ohio). The study found that the passage of ERPOs was associated with media coverage that used official policy names/acronyms (as opposed to simply "red flag"); accurately portrayed gun violence as a preventable problem, and that referred to ERPO policies in other states.[28] The survey found that "although only one in four articles cited scientific evidence related to gun violence generally, articles about passing states were significantly more likely to cite the small but growing body of research about ERPO implementation and effectiveness. These findings point to the value of relevant data, likely in combination with the lived experience and advocacy efforts of those most impacted, for building policy momentum through the media."[28]

In 2019, New York enacted a red-flag law as part of a broader package of gun-control legislation that overwhelmingly passed the state legislature.[29][30] In addition to allowing police and family members to petition for entry of an extreme risk protection order,[29][30] the law also allows teachers and school administrations to file such petitions, making New York the first state to include such a provision.[31] Three other states enacted red-flag laws in 2019: Colorado,[32] Nevada[33] and Hawaii.[34][35][36] The Colorado, Nevada, and Hawaii laws all went into effect on January 1, 2020.[37][38][39]

In 2020, New Mexico became the 18th state to adopt a red-flag law, after Governor Michelle Lujan Grisham signed legislation on February 25, 2020. New Mexico's law went into effect on July 1, 2020.[40][41]

In Virginia, the state's General Assembly, then controlled by Republicans, voted down red-flag legislation in its January 2019 session.[42] After the Virginia Beach shooting later that year, Governor Ralph Northam, a Democrat, called the Republican-controlled General Assembly into special session to consider gun-control legislation. The legislature did not vote on any gun legislation.[43] After the Democrats won control of both chambers of the General Assembly in the fall 2019 elections, for the first time in more than two decades, Northam vowed to reintroduce gun control proposals, including a red flag bill.[44] The General Assembly subsequently passed an emergency substantial risk order (ESRO) law, on a party-line vote in the Senate[45][46] and a nearly party-line vote in the House of Delegates.[47] Northam signed the legislation into law in April 2020, alongside four separate gun measures.[48][49]Fairfax County, Virginia and the Alexandria-based gun-violence prevention nonprofit group Safer Country have become leaders in awareness campaigns to inform the public and law enforcement about the use of Virginia's ESRO law.[50][51]

Some local sheriffs in rural Colorado counties refused to use the state's risk-based gun violence prevention, with some declaring their counties "sanctuaries" from gun laws they opposed; many of the sheriffs reversed course after gun violence incidents in their communities.[52][53] A 2022 analysis of court records by KHN found that, two and a half years after the passage of Colorado's risk-based gun violence prevention law, petitions for protection orders had been filed in 20 of the 37 counties with sheriffs who previously said that they would refuse to use or enforce such laws, and that such petitions were often filed "by the very sheriffs who had previously denounced the law."[53] In El Paso County, Colorado, however, Sheriff Bill Elder followed a policy of barring the Sheriff's Office from filing petitions under Colorado's law based on Elder's belief that the laws are unconstitutional.[54] (although Elder said that it would enforce orders granted by the courts on the petition of non-law enforcement).[54] El Paso County was the location of a 2022 Colorado Springs shooting massacre in which a gunman killed five people and wounded many more. Despite a history of alarming behavior (such as bomb threats) that would have made him a candidate for a gun removal order under Colorado's law, the arrested man was never subject to a petition for an order and was thus legally permitted to obtain the guns used in the attack, raising new scrutiny of the sheriff's refusal to use the Colorado law.[54][55]

In May 2023, Minnesota and Michigan became the 20th and 21st states to enact red flag laws. Minnesota's law will go into effect on July 1, 2023.[56] Michigan's law will go into effect in spring 2024.[57]

Proposed or pending state legislation edit

Other state legislatures considered similar legislation.[58][5][59][60] In the recent past, red-flag bills were being considered but did not pass in the following states:

  • Arizona: A red-flag bill previously died in the Arizona Legislature, but in 2019, Governor Doug Ducey renewed pressure on legislative Republicans to pass the law in the wake of the shootings in El Paso, Texas and Dayton, Ohio.[61] In 2020, Gov. Ducey reversed his position and stated, “As long as I am governor, there will be no red flag law in the State of Arizona."[62]
  • North Carolina: Since 2018, red flag bills introduced by North Carolina Democratic legislators have been defeated or stalled in committee the Republican-controlled state House.[63][36] North Carolina's governor, Democrat Roy Cooper, supports the legislation.[63] Democrat State Representative Marcia Morey has filed several such bills up to 2022 without hearings.[64]
  • Ohio: After the Dayton shooting, Ohio's Republican governor, Mike DeWine, announced that he wanted Ohio's Republican-controlled legislature to pass a red flag law.[65][66] Two months later, however, DeWine retreated from this proposal.[66] Republican State Senator Matt Dolan introduced Senate Bill 357 to the legislature in August 2022. The bill focuses on mental health and red-flag provisions.[67]
  • Tennessee: A red-flag bill had been introduced in the Tennessee Legislature, but in 2019 the Republican-controlled legislature declined to take up the bill, and Governor Bill Lee did not commit to support it.[68] In 2020, Democrat State Senator Sara Kyle proposed Senate Bill 1807.[69] Following the Covenant School shooting on March 27, 2023, after sustained public protest from parents, students, residents and legislators, Governor Lee asked the TN state legislature to work on a red flag law on April 11, 2023.[70]
  • New Hampshire: The Democratic-majority New Hampshire Legislature passed a red-flag bill, but it was vetoed by Republican Governor Chris Sununu.[71]
  • Nebraska: In 2019, Legislative Bill 58 was introduced which includes red-flag provisions.[72][73]
  • Kentucky: In 2022, House Resolution 74 was introduced which includes language opposing the adoption of a red-flag law, following previous attempts in 2019.[74][75]
  • Pennsylvania: Similar legislation was proposed, but did not pass.[76]

Federal grant program edit

On June 25, 2022, President Joe Biden signed the Bipartisan Safer Communities Act that included several changes to U.S. gun laws, one of which authorizes governments of individual states to receive grants from the federal government if they enact and enforce red flag laws.[77]

Provisions edit

A 2018 American Psychiatric Association resource document on risk-based gun removal laws notes that all such laws are "designed to address crisis situations in which there is an acute concern about an individual's access to firearms" but the specific provisions of such laws differ from state-to-state, varying on matters such as "who can initiate the gun removal process, whether a warrant is required, what factors the court must consider before ordering firearm removal, what must be proven in court, how long the firearms are restricted, and what process is used to restore the individual's firearm access."[78]

For example, in Indiana and New Mexico, only law enforcement may petition for an order.[79] This aspect of the state law came under scrutiny following a mass shooting committed by a 19-year-old man who had previously been detained in a mental health hold and had a shotgun seized from him, only to go on to purchase the weapons used in the shooting following a failure by authorities to petition for an order.[80][81] In contrast, in Oregon, any person living with the person of concern may file a petition.[79] In New York, an order may be sought by a family member, a prosecutor or police official, a teacher, or a school administrator.[82]

The California Legislature passed a measure in 2016 to allow high school and college employees, co-workers and mental health professionals to file such petitions, but this legislation was vetoed by Governor Jerry Brown.[13][83] Similar legislation, however, was signed into law by Governor Gavin Newsom in 2019; the legislation, which went into effect January 1, 2020, expands the list of people who may request GVROs to include "an employer of the subject of the petition"; "a coworker of the subject of the petition, if they have had 'substantial and regular interactions with the subject for at least one year' and have obtained the approval of the employer"; and "an employee or teacher of a school that the subject has attended for the last six months, if the employee or teacher has obtained the approval of administrators."[84]

In California, it is a misdemeanor offense for a person to file a GVRO petition "knowing the information in the petition to be false or with the intent to harass."[85] Making false statements on petitions is also a criminal offense in other states; for example, in Colorado, a woman who lied on a petition was found guilty of "attempting to influence a public servant" and of perjury.[86]

Effects edit

A 2016 study published in the journal Law and Contemporary Problems analyzed data from the 762 gun removals under Connecticut's "risk warrant" law from October 1999 through June 2013 and determined that there was "one averted suicide for every ten to eleven gun seizure cases."[87] The researchers concluded that "enacting and implementing laws like Connecticut’s civil risk warrant statute in other states could significantly mitigate the risk posed by that small proportion of legal gun owners who, at times, may pose a significant danger to themselves or others."[87]

A 2018 study published in the journal Psychiatric Services utilized CDC data from all suicides in all 50 states from 1981–2015 to "examine the effects of Connecticut and Indiana's risk-based firearm seizure law on state-level firearm suicide rates."[88] The researchers concluded that "Indiana’s firearm seizure law was associated with a 7.5% reduction in firearm suicides in the ten years following its enactment, an effect specific to suicides with firearms and larger than that seen in any comparison state by chance alone. Enactment of Connecticut's law was associated with a 1.6% reduction in firearm suicides immediately after its passage and a 13.7% reduction in firearm suicides in the post–Virginia Tech period, when enforcement of the law substantially increased." The study also found that "Whereas Indiana demonstrated an aggregate decrease in suicides, Connecticut's estimated reduction in firearm suicides was offset by increased non-firearm suicides."[88]

A preliminary case series published in the Annals of Internal Medicine in 2019 analyzed the use of ERPOs in California, and found that the cases studied suggest that California's red-flag law, as a form of "urgent, individualized intervention ... can play a role in efforts to prevent mass shootings."[85]

A 2023 review by the RAND Corporation concluded there was inconclusive evidence of the effect of red flag laws on firearm suicides.[89]

In light of the fact that 62% of U.S. gun deaths from 2008 to 2017 were suicides, the potential for red flag laws to prevent suicide has been cited as a benefit that may be more valuable than their ability to prevent mass shootings.[90]

Usage edit

States with red-flag laws differ substantially in the rate that such laws were used.[9][91] Nationwide in 2020, red-flag laws were used to remove guns about 5,000 times.[9] The states that used red-flags most often in 2020 were Florida (2,355 uses), California (984), Maryland (476), New Jersey (311), and New York (255).[9] A 2020 analysis found that, adjusted on a per-capita basis and on a per-day-in-effect basis, Florida used its red-flag law the most (9.4 orders per year per 100,000 residents), followed by Maryland (8.2 orders per year per 100,000 residents).[91] One factor in different use rates is whether a state has courts that allow petitioners to seek an order after business hours and on weekends.[91]

In some states, petitions for removal of guns are not filed, even where the facts would support issuance of an orders. For example, in Oregon, the state legislature enacted a red-flag law, but did not allocate funds for public education efforts. Local prosecutors led trainings and outreach for law enforcement, judges, and others.[92]

California edit

In California in 2016 and 2017, 189 petitions for gun violence restraining orders were granted. Of these, 12 petitions were filed by family members, while the rest were filed by law enforcement.[93][94]

Colorado edit

In 2020 (the first year that Colorado's red-flag law was in effect), Colorado courts issued 115 orders and denied 46 petitions.[95] Most petitions were filed by law enforcement agencies.[95] Colorado has two forms of court orders under the law: a temporary ERPO (TERPO), which has a duration of up to two weeks; and (if the TERPO is granted) a 364-day ERPO (which may be granted by the court after a hearing). In Colorado, petitions filed by law enforcement agencies are far likelier to be granted than petitions filed by family or household members: In the first year that Colorado's law was in effect, 82% of petitions for TERPOs and 85% of petitions for yearlong ERPOs filed by law enforcement were granted by courts; by contrast, 18% of petitions for TERPOs and 15% of petitions for yearlong ERPOs filed by family or household members were granted by courts.[96] In 2023, the Governor of Colorado signed a bill into law that passed the Legislature - to reform and strengthen the red flag law of Colorado and other related firearms bills.[97]

Connecticut edit

In Connecticut, a law prohibiting people under 21 from buying firearms has been enforced and the purchasing of assault rifles is disallowed. Connecticut also has some 764 "imminent risk" gun seizures were served between October 1999 and July 2013, according to a 2014 study in the Connecticut Law Review.[98] Of gun seizure orders served, 91.5% were directed to men and 8.5% were directed to women, and the average age of the individuals was 47.4 years old.[98] Police reports associated with the Connecticut gun seizures in 1999 to 2013 indicated that at the time of confiscation, about 30% of the subject gun owners "showed evidence of alcohol consumption" and about 10% "indicated using prescribed pain medications."[98] At the time the warrants were served, the majority of gun owners (60% of men and 80% of women) were sent to a local hospital emergency department for an emergency evaluation; a minority (20%) were arrested.[98] The study noted that "In over 70% of the cases, the outcome of the hearings was unknown. For the cases with outcomes reported, the judges ruled that the weapons needed to be held by the state 68% of the time. Weapons were returned in only twenty of the reported cases. In fifteen other cases, guns were given to a family member; in thirty cases, the guns were destroyed."[98]

Florida edit

In Florida, red-flag orders were granted 2,227 times between March 2018 (when the law took effect) and July 2019. State judges granted petitions for temporary orders about 97% of the time and granted petitions for final orders 99% of the time.[99] In many cases (up to 90% in Broward County) the respondent agrees to the order.[100] The volume of petitions varies from county to county.[99]

Indiana edit

In Marion County, Indiana (which contains Indianapolis, and the most of the uses of Indiana's ERPO law), a 2015 study published in the journal Behavioral Sciences & the Law found that seizure petitions were filed in court 404 times between 2006 and 2013, from persons identified as being a risk of suicide (68%), violence (21%), or psychosis (16%). The study found that 28% of firearm-seizure cases involved a domestic dispute and 26% involved intoxication. The study found that "The seized firearms were retained by the court at the initial hearing in 63% of cases; this retention was closely linked to the defendant's failure to appear at the hearing. The court dismissed 29% of cases at the initial hearing, closely linked to the defendant's presence at the hearing. In subsequent hearings of cases not dismissed, the court ordered the destruction of the firearms in 72% of cases, all when the individual did not appear in court, and dismissed 24% of the cases, all when the individual was present at the hearing."[101]

Maine edit

Maine passed a law in effect from July 1, 2020 which allows police and prosecutors to seek permission from a court to confiscate dangerous weapons from people who pose a danger to themselves and others. This law is different from red flag laws in other states because it requires a medical professional assessment. This limitation is why the law in Maine is often called a "yellow flag law".[102]

Maryland edit

In Maryland, from October 1, 2018 (the date the law took effect) until late October 2020, the state courts granted 989 petitions for gun removal orders.[91] Maryland courts grant slightly over half of the petitions filed.[91] In the first three months of the state's law, about 60% of petitions were filed by family or household members, one petition was filed by a healthcare worker, and the rest were filed by police.[103] In November 2018, a Maryland man was killed by Anne Arundel County police officers serving a removal order after refusing to surrender his firearms; police said that there was a struggle over the gun and a shot was fired before officers fatally shot the man.[104]

New York edit

In New York, a total of 589 extreme risk protection orders were issued from 2019 (when the law took effect) through May 2022, a rate of about 18 orders per month. The New York state courts do not track the number of petitions for orders that are denied.[105] After a gun massacre at a Buffalo supermarket in May 2022, in which ten people were killed, New York Governor Kathy Hochul issued an executive order requiring state police to file a petition when they believe, based on set criteria, that an individual presents a threat to themselves or others.[106][107]

Oregon edit

In the first 22 months that Oregon's law was in effect (January 1, 2018 – October 31, 2019), 166 petitions were filed in Oregon for an extreme risk protection order. Of the 166 petitions, 112 were for people at risk of suicide and 39 related to domestic violence; 26 petitions involved both suicide risk and domestic violence.[39] An Oregon Public Broadcasting review found that the petitions concerned individuals in crisis, with the majority of petitions citing "multiple factors such as threats of violence, use of physical force, owning or attempting to purchase deadly weapons, prior convictions and use of controlled substances."[39] The Oregon courts granted 122 petitions (73% of those filed). The remaining 44 petitions (27% of those filed) did not result in the issuance of an order, either because a judge denied the petition (in 32 cases) or the request was withdrawn (in 12 cases).[39] Counties varied widely in the level of usage of the process: most petitions were filed in Washington and Multnomah counties, respectively, while 11 counties did not issue any ERPOs and 7 counties issued a single ERPO.[39]

Vermont edit

In the first 16 months that Vermont's law was in effect, the state courts issued about 30 extreme risk orders.[108]

Anti-red flag laws edit

Oklahoma edit

In May 2020, Oklahoma became the first state to enact an anti-red flag law. The law specifically "prohibits the state or any city, county or political subdivision from enacting red flag laws."[109][110]

Wyoming edit

On March 22, 2024 Wyoming became the second state to enact an anti-red flag law.[111]

Federal legislative proposals edit

Senator Dianne Feinstein, Democrat of California, introduced a bill, the Extreme Risk Protection Order Act (S. 506), which would allow states to use grants to develop red flag laws. The legislation is supported by 25 Democratic senators and two Democratic-aligned independent senators.[112][113] The legislation did not advance.[113] Other bills were introduced by other members.[a]

S. 506 and other proposed bills would add persons subject to extreme risk protection orders to the list of "prohibited persons" in 18 U.S.C. § 922(g) (those persons who are prohibited from possessing a firearm).[117] The legislation would thus make "it a federal crime for persons subject to the orders to possess firearms and for anyone else who has reasonable cause to know about the orders to sell or give firearms to them."[117] In September 2019, following mass shootings in El Paso and Dayton, Ohio, the House Judiciary Committee approved amendments to the federal red flag bill to create a national red flag process.[118]

In June 2022, the House passed the Federal Extreme Risk Protection Order Act of 2021[119] on a 224–202 vote, mostly along party lines.[120][121] The bill would establish a national red-flag process for the federal district courts.[121][119] In the House vote, 219 Democrats and 5 Republicans voted yes, 201 Republicans and 1 Democrat voted no, and 2 Republicans did not vote.[122][b] The legislation was sponsored by Representative Lucy McBath, and passed the House in the aftermath of shooting massacres in Buffalo, New York and Uvalde, Texas.[120]

The House-passed bill, as well as a package of other gun-safety bills passed by the House (including a safe storage law, an increase in the minimum age to buy semi-automatic rifles to 21, a large-capacity magazine ban, and universal background checks), were blocked in the divided Senate, which is evenly split between the parties. However, a bipartisan group of Senators negotiated a significantly narrower bill that passed the Senate on June 23, 2022 [123][124][125] The legislation, the Bipartisan Safer Communities Act of 2021, passed the Senate on a 65–33 vote was signed into law by President Joe Biden two days later on June 25, 2022.[125][126][77] Among other provisions, the act allocates $750 million in federal funds to states to support the creation and maintenance of crisis intervention programs for state courts, including red-flag law programs (as well as mental health court, drug court, or veterans' court programs).[124][127]

Judicial review edit

Courts that have reviewed red flag laws prior to the United States Supreme Court's 2022 decision in New York State Rifle & Pistol Association, Inc. v. Bruen have rejected Second Amendment and Due Process challenges.[117][128] In Hope v. State (2016), the Connecticut Appellate Court concluded that the state's firearm removal law does not violate the Second Amendment because "it does not restrict the right of law-abiding, responsible citizens to use arms in defense of their homes."[117][129] The court considered the Connecticut statute to be "an example of the longstanding 'presumptively lawful regulatory measures'" permissible under the U.S. Supreme Court's decision in Heller v. District of Columbia.[117][129] Similarly, in Redington v. State (2013), the Court of Appeals of Indiana concluded that Indiana's red-flag statute did not violate the right to keep and bear arms, was not an unconstitutional taking, and was not unconstitutionally vague.[117][130] In Davis v. Gilchrist County Sheriff's Office (2019), the Florida First District Court of Appeal also rejected a challenge to Florida's red-flag law, holding that the law is constitutional and does not violate the right to due process.[131][132] A lawsuit is pending challenging Nevada's red flag law.[133]

However, in a post-Bruen case, a New York Supreme Court applying the Bruen decision ruled on December 22, 2022, that a New York red flag law was unconstitutional.[134][135] A second judge on April 4, 2023 ruled it unconstitutional too.[136]

Support and opposition edit

Public opinion edit

An April 2018 poll found that 85% of registered voters support legislation that would "allow the police to take guns away from people who have been found by a judge to be a danger to themselves or others" (71% "strongly supported" while 14% "somewhat supported" such laws).[137][138] State-level polling in Colorado and Michigan has shown similar levels of support.[139][140] A PBS NewsHour/NPR/Marist Poll released in September 2019 showed that 72% of Americans supported the enactment of a federal red-flag law, while 23% were opposed.[141]

Advocacy groups and elected officials edit

Democrats and some Republicans are receptive to these laws.[1] Such laws are supported by groups that support gun control, such as Brady Campaign to Prevent Gun Violence and Everytown for Gun Safety. The latter group conducted a nationwide study showing that the perpetrators of mass shootings showed warning signs before the event 42% of the time.[18]

Opponents of red flag laws argue that such legislation infringes on constitutional rights such as the right to bear arms and the right to be secure against unreasonable searches and seizures,[142] and object to ex parte hearings.[143][144][145][146] There has been debate about how soon after the ex parte hearing the adversarial hearing should be held. For example, in Virginia, state senator Glen Sturtevant argued that the legislature should consider requiring an adversarial hearing on the order within 48 hours, rather than within 14 days.[147] Jacob Sullum, a columnist for Reason magazine, questioned "the very concept of 'red flags'" and whether "experts can reliably distinguish between harmless oddballs and future murderers," and, citing a 2012 Department of Defense study,[148] stated that "even if certain 'red flags' are common among mass shooters, almost none of the people who display those signs are bent on murderous violence."[149]

The National Rifle Association (NRA) had previously argued that red flag laws unnecessarily hamper the right to due process of individuals who are restrained by them,[58] and worked to defeat such legislation in Utah and Maryland.[150] In a March 2018 policy reversal, the NRA suggested that it might support such laws, but conditioned any openness to such laws on an extensive list of conditions,[59][150] including a judicial finding by "clear and convincing evidence" that the person poses a significant risk of danger.[150] The NRA did not identify any federal or state red flag laws that it supported,[150] and even after its March 2018 announcement continued to work to defeat or weaken red flag bills introduced in state legislatures.[151] In summer 2018, the NRA mobilized to defeat red-flag legislation proposed in Pennsylvania because it objected to allowing initial hearings ex parte.[151] In Arizona in 2019, the NRA ghostwrote an opinion piece for sheriffs to submit to the local press stating their opposition to the legislation.[152] A 2019 study by gun rights advocate John Lott found red flag laws have no significant effect on murder, suicide, the number of people killed in mass public shootings, robbery, aggravated assault, or burglary.[153]

The ACLU of Rhode Island argued against such a law, stating that "People who are not alleged to have committed a crime should not be subject to severe deprivations of liberty interests...in the absence of a clear, compelling and immediate showing of need. As well-intentioned as this legislation is, its breadth and its lenient standards for both applying for and granting an ERPO are cause for great concern."[154]

Some counties and cities have adopted "Second Amendment sanctuary" resolutions in opposition to red flag laws.[152][155][156] As of 2019, some 75 jurisdictions have declared themselves sanctuaries that oppose emergency protection orders and enforcement of gun background checks, at times with assistance from the NRA.[152]

In the wake of the El Paso, Texas shooting and Dayton, Ohio shooting of August 3 and 4, 2019, President Donald Trump called on states to implement red flag laws to help remove guns from "those judged to pose a grave risk to public safety."[79] However, Trump did not endorse any particular piece of legislation, and Republican Senate Majority Leader Mitch McConnell has said he would allow gun legislation to be brought to the Senate floor only if it gained Trump's support.[157][158] Gun rights groups mounted a campaign to discourage Trump from supporting red-flag laws or other gun-control measures, saying that pushing for red flag laws could cost Trump the 2020 presidential election.[159][157] In November 2019, Trump abandoned the idea of putting forth red-flag law proposals or other legislation to curtail gun violence.[160]

See also edit

Notes edit

  1. ^ Senator Marco Rubio, Republican of Florida, introduced a separate bipartisan bill that would use grants to encourage the passage of state red-flag laws.[112] Senator Lindsey Graham, Republican of South Carolina, said in 2019 that he also planned to introduce legislation to encourage states to pass red flag laws.[79] Another proposed federal red flag law is Representative John Katko's Protecting our Communities and Rights Act,[114] which places on the State or petitioner "the burden of establishing by clear and convincing evidence that the respondent poses an imminent, particularized, and substantial risk of unlawfully using a firearm to cause death or serious physical injury to himself or herself or to another person."[115]
    While campaigning for the Democratic nomination for president in 2019, Senator Kamala Harris of California called for legislation to create "domestic terrorism prevention orders," which would "give law enforcement and family members of suspected white nationalists or domestic terrorists the ability to petition a federal court to temporarily restrict a person's access to guns if the person exhibits clear evidence of being a danger."[116] In states with red-flag laws, individuals making credible threats of violence can already be subject to gun-removal orders.[116] Matt Olsen, former director of the National Counterterrorism Center during the Obama administration, has said that should Harris's proposal move forward, it would be important for the legislation to specify that a person cannot be deemed a domestic terrorist solely based on First Amendment-protected activity (such as openly stating white nationalist beliefs).[116]
  2. ^ The five Republicans who supported the bill were Representatives Brian Fitzpatrick of Pennsylvania, Anthony Gonzalez of Ohio, Chris Jacobs of New York, Adam Kinzinger of Illinois and Fred Upton of Michigan. Four of the five Republicans who voted "yes" had previously announced that they would not seek reelection in 2022. The one Democrat who voted against the bill was Representative Jared Golden of Maine.[121]

References edit

  1. ^ a b Barbaro, Michael, host. "Tuesday, Feb. 27, 2018." The Daily, New York Times. 27 Feb. 2018. New York Times.
  2. ^ Rafael Olmeda (April 9, 2018). "Man charged with felony won't give up guns. New law lets cops put him behind bars". Sun-Sentinel.
  3. ^ Nicole Gaudiano (August 24, 2018). "As Anne Arundel police prepare for 'red flag' gun seizures, law's sponsor holds Capital Gazette shooting victim close". The Capital.
  4. ^ O'Sullivan, Joseph (November 14, 2016). "Family tragedy behind Initiative 1491, to get guns from those deemed at extreme risk". The Seattle Times. Retrieved February 27, 2018.
  5. ^ a b Johnson, Kirk (February 23, 2018). "States Mull 'Red Flag' Gun Seizures from People Deemed Dangerous". The New York Times.
  6. ^ Baker, Mike (November 18, 2019). "He Wrote 'Kill All Women', but a Judge Returned His Guns". New York Times. Retrieved November 26, 2019.
  7. ^ Reena Kapoor, Elissa Benedek, Richard J. Bonnie, Tanuja Gandhi, Liza Gold, Seth Judd, Debra A. Pinals, Resource Document on Risk-Based Gun Removal Laws, Focus: The Journal of Lifelong Learning in Psychiatry, Vol. 17, Issue 4 (Fall 2019), pp. 443-451, doi:10.1176/appi.focus.17403.
  8. ^ Data behind Extreme Risk Protective Order Policies: A Look at Connecticut's Risk-Warrant Law, Educational Fund to Stop Gun Violence (May 2018).
  9. ^ a b c d Dan Frosch & Zusha Elinson, Police Have a Tool to Take Guns From Potential Shooters, but Many Aren’t Using It, Wall Street Journal (November 15, 2021).
  10. ^ Extreme Risk Protection Orders, Giffords Law Center (last accessed November 30, 2021).
  11. ^ Jonathan Levinson & Lisa Dunn, What Is A Red Flag Law?, WAMU (August 5, 2019).
  12. ^ a b c Jason Hanna and Laura Ly, After the Parkland massacre, more states consider 'red flag' gun bills, CNN (March 7, 2018).
  13. ^ a b c Foley, Ryan J.; Thompson, Don (February 19, 2018). "Few states let courts take guns from people deemed a threat". Associated Press.
  14. ^ Katie Stancombe, Reversal: COA orders return of once-'dangerous' man's 51 guns, Indiana Lawyer (April 5, 2019).
  15. ^ Justin L. Mack, He warned that the man would kill if he got his guns back. That 'nightmare' came true., Indianapolis Star (October 16, 2019).
  16. ^ Bernstein, Lenny (February 16, 2018). "Five states allow guns to be seized before someone can commit violence". The Washington Post.
  17. ^ Nick Wing & Melissa Jeltsen, Wave of 'Red Flag; Gun Laws Shows Power of the Parkland Effect, Huffington Post (June 16, 2018).
  18. ^ a b Michael Livingston, More States Approving 'Red Flag' Laws to Keep Guns Away from People Perceived as Threats, Los Angeles Times (May 14, 2018).
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  20. ^ McCullum, April (April 10, 2018). "Gov. Scott Signs Vermont Gun Bills: When New Steps Take Effect". Burlington Free Press.
  21. ^ Bernfeld, Jeremy (April 24, 2018). "Ban on 'Bump Stocks' Among New Gun Regulations in Maryland". WAMU.
  22. ^ McGuinness, Dylan (June 1, 2018). "Raimondo Signs 'Red Flag' Bill, Bump Stock Ban Into Law". Associated Press.
  23. ^ Wing, Nick (June 13, 2018). "New Jersey's Tough Gun Laws Just Got Even Stronger". Huffington Post.
  24. ^ Goss, Scott (April 24, 2018). "'Red Flag' Gun Bill Passes, Heads to Delaware Governor's Desk". The News Journal.
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  86. ^ Amanda Kesting, Erin Powell, Woman found guilty of perjury for lying on Red Flag petition against CSU police officer, KUSA (April 23, 2022).
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  92. ^ Red Flag Laws Are Saving Lives. They Could Save More., Pew Trusts (October 5, 2021).
  93. ^ Melody Gutierrez, Jerry Brown vetoes California bill to expand gun restraining orders, San Francisco Chronicle (September 26, 2018).
  94. ^ Melody Gutierrez, California starts slowly on seizing unstable people's guns, but that could change, San Francisco Chronicle (May 11, 2018).
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  99. ^ a b Rafael Olmeda, Thousands of guns taken under Red Flag law, but South Florida lags in applying it, South Florida Sun Sentinel (September 21, 2019).
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April 11, 2024
flag, laws, that, required, drivers, early, automobiles, take, certain, safety, precautions, flag, traffic, laws, united, states, flag, that, permits, state, court, order, temporary, seizure, firearms, other, items, regarded, dangerous, weapons, some, states, . For laws that required drivers of early automobiles to take certain safety precautions see Red flag traffic laws In the United States a red flag law is a gun law that permits a state court to order the temporary seizure of firearms and other items regarded as dangerous weapons in some states from a person who they believe may present a danger A judge makes the determination to issue the order based on statements and actions made by the gun owner in question 1 Refusal to comply with the order is punishable as a criminal offense 2 3 After a set time the guns are returned to the person from whom they were seized unless another court hearing extends the period of confiscation 4 5 6 States with anti red flag laws States with red flag laws in effectOrders issued under red flag laws also called risk based gun removal laws 7 are known by several names including Extreme Risk Protection Orders ERPOs in Colorado Maryland Massachusetts Michigan Minnesota Nevada New Jersey New York Oregon Rhode Island Vermont Washington and the District of Columbia Extreme Risk Firearm Protection Orders ERFPOs in New Mexico Emergency Substantial Risk Orders ESROs in Virginia Firearm Restraining Orders FROs in Illinois Gun Violence Protective Orders GVPOs in Hawaii Gun Violence Restraining Orders GVROs in California Lethal Violence Protective Orders LVPOs in Delaware Risk Protection Orders RPOs in Florida risk warrants in Connecticut Access Restrictions to Dangerous Weapons in Maine and Proceedings for the Seizure and Retention of a Firearm in Indiana 8 As of May 2023 21 states and the District of Columbia have enacted some form of red flag law 9 10 The specifics of the laws and the degree to which they are utilized vary from state to state 11 Contents 1 History and adoption 1 1 Proposed or pending state legislation 1 2 Federal grant program 2 Provisions 3 Effects 4 Usage 4 1 California 4 2 Colorado 4 3 Connecticut 4 4 Florida 4 5 Indiana 4 6 Maine 4 7 Maryland 4 8 New York 4 9 Oregon 4 10 Vermont 5 Anti red flag laws 5 1 Oklahoma 5 2 Wyoming 6 Federal legislative proposals 7 Judicial review 8 Support and opposition 8 1 Public opinion 8 2 Advocacy groups and elected officials 9 See also 10 Notes 11 References 12 External linksHistory and adoption editIn 1999 Connecticut became the first state to enact a red flag law 12 after a rampage shooting at the Connecticut Lottery 13 It was followed by Indiana which adopted its legislation in 2005 called Jake Laird s Law it was named after an Indianapolis police officer was fatally shot by a mentally disturbed man 14 12 15 Subsequent red flag laws were adopted by California 2014 Washington 2016 and Oregon 2017 12 The California State Legislature was the first to enact a red flag law allowing family members to petition state courts to remove weapons from persons deemed a threat after Elliot Rodger committed a mass shooting in Isla Vista California the California law also permits law enforcement officials to petition the court for an order for the removal of guns from an individual for up to twelve months 13 Before 2018 only the above mentioned five states had some version of red flag laws 16 After the Stoneman Douglas High School shooting in Parkland Florida in 2018 that number more than doubled as more states enacted such laws 17 18 Florida 19 Vermont 20 Maryland 21 Rhode Island 22 New Jersey 23 Delaware 24 Massachusetts 25 Illinois 26 and the District of Columbia 27 A content analysis study published in 2022 examined newspaper articles published in 2018 in three states that passed ERPOs after the 2018 Stoneman Douglas High School shooting in Parkland Florida Florida Rhode Island and Vermont and three states that did not Pennsylvania Colorado and Ohio The study found that the passage of ERPOs was associated with media coverage that used official policy names acronyms as opposed to simply red flag accurately portrayed gun violence as a preventable problem and that referred to ERPO policies in other states 28 The survey found that although only one in four articles cited scientific evidence related to gun violence generally articles about passing states were significantly more likely to cite the small but growing body of research about ERPO implementation and effectiveness These findings point to the value of relevant data likely in combination with the lived experience and advocacy efforts of those most impacted for building policy momentum through the media 28 In 2019 New York enacted a red flag law as part of a broader package of gun control legislation that overwhelmingly passed the state legislature 29 30 In addition to allowing police and family members to petition for entry of an extreme risk protection order 29 30 the law also allows teachers and school administrations to file such petitions making New York the first state to include such a provision 31 Three other states enacted red flag laws in 2019 Colorado 32 Nevada 33 and Hawaii 34 35 36 The Colorado Nevada and Hawaii laws all went into effect on January 1 2020 37 38 39 In 2020 New Mexico became the 18th state to adopt a red flag law after Governor Michelle Lujan Grisham signed legislation on February 25 2020 New Mexico s law went into effect on July 1 2020 40 41 In Virginia the state s General Assembly then controlled by Republicans voted down red flag legislation in its January 2019 session 42 After the Virginia Beach shooting later that year Governor Ralph Northam a Democrat called the Republican controlled General Assembly into special session to consider gun control legislation The legislature did not vote on any gun legislation 43 After the Democrats won control of both chambers of the General Assembly in the fall 2019 elections for the first time in more than two decades Northam vowed to reintroduce gun control proposals including a red flag bill 44 The General Assembly subsequently passed an emergency substantial risk order ESRO law on a party line vote in the Senate 45 46 and a nearly party line vote in the House of Delegates 47 Northam signed the legislation into law in April 2020 alongside four separate gun measures 48 49 Fairfax County Virginia and the Alexandria based gun violence prevention nonprofit group Safer Country have become leaders in awareness campaigns to inform the public and law enforcement about the use of Virginia s ESRO law 50 51 Some local sheriffs in rural Colorado counties refused to use the state s risk based gun violence prevention with some declaring their counties sanctuaries from gun laws they opposed many of the sheriffs reversed course after gun violence incidents in their communities 52 53 A 2022 analysis of court records by KHN found that two and a half years after the passage of Colorado s risk based gun violence prevention law petitions for protection orders had been filed in 20 of the 37 counties with sheriffs who previously said that they would refuse to use or enforce such laws and that such petitions were often filed by the very sheriffs who had previously denounced the law 53 In El Paso County Colorado however Sheriff Bill Elder followed a policy of barring the Sheriff s Office from filing petitions under Colorado s law based on Elder s belief that the laws are unconstitutional 54 although Elder said that it would enforce orders granted by the courts on the petition of non law enforcement 54 El Paso County was the location of a 2022 Colorado Springs shooting massacre in which a gunman killed five people and wounded many more Despite a history of alarming behavior such as bomb threats that would have made him a candidate for a gun removal order under Colorado s law the arrested man was never subject to a petition for an order and was thus legally permitted to obtain the guns used in the attack raising new scrutiny of the sheriff s refusal to use the Colorado law 54 55 In May 2023 Minnesota and Michigan became the 20th and 21st states to enact red flag laws Minnesota s law will go into effect on July 1 2023 56 Michigan s law will go into effect in spring 2024 57 Proposed or pending state legislation edit Other state legislatures considered similar legislation 58 5 59 60 In the recent past red flag bills were being considered but did not pass in the following states Arizona A red flag bill previously died in the Arizona Legislature but in 2019 Governor Doug Ducey renewed pressure on legislative Republicans to pass the law in the wake of the shootings in El Paso Texas and Dayton Ohio 61 In 2020 Gov Ducey reversed his position and stated As long as I am governor there will be no red flag law in the State of Arizona 62 North Carolina Since 2018 red flag bills introduced by North Carolina Democratic legislators have been defeated or stalled in committee the Republican controlled state House 63 36 North Carolina s governor Democrat Roy Cooper supports the legislation 63 Democrat State Representative Marcia Morey has filed several such bills up to 2022 without hearings 64 Ohio After the Dayton shooting Ohio s Republican governor Mike DeWine announced that he wanted Ohio s Republican controlled legislature to pass a red flag law 65 66 Two months later however DeWine retreated from this proposal 66 Republican State Senator Matt Dolan introduced Senate Bill 357 to the legislature in August 2022 The bill focuses on mental health and red flag provisions 67 Tennessee A red flag bill had been introduced in the Tennessee Legislature but in 2019 the Republican controlled legislature declined to take up the bill and Governor Bill Lee did not commit to support it 68 In 2020 Democrat State Senator Sara Kyle proposed Senate Bill 1807 69 Following the Covenant School shooting on March 27 2023 after sustained public protest from parents students residents and legislators Governor Lee asked the TN state legislature to work on a red flag law on April 11 2023 70 New Hampshire The Democratic majority New Hampshire Legislature passed a red flag bill but it was vetoed by Republican Governor Chris Sununu 71 Nebraska In 2019 Legislative Bill 58 was introduced which includes red flag provisions 72 73 Kentucky In 2022 House Resolution 74 was introduced which includes language opposing the adoption of a red flag law following previous attempts in 2019 74 75 Pennsylvania Similar legislation was proposed but did not pass 76 Federal grant program edit On June 25 2022 President Joe Biden signed the Bipartisan Safer Communities Act that included several changes to U S gun laws one of which authorizes governments of individual states to receive grants from the federal government if they enact and enforce red flag laws 77 Provisions editA 2018 American Psychiatric Association resource document on risk based gun removal laws notes that all such laws are designed to address crisis situations in which there is an acute concern about an individual s access to firearms but the specific provisions of such laws differ from state to state varying on matters such as who can initiate the gun removal process whether a warrant is required what factors the court must consider before ordering firearm removal what must be proven in court how long the firearms are restricted and what process is used to restore the individual s firearm access 78 For example in Indiana and New Mexico only law enforcement may petition for an order 79 This aspect of the state law came under scrutiny following a mass shooting committed by a 19 year old man who had previously been detained in a mental health hold and had a shotgun seized from him only to go on to purchase the weapons used in the shooting following a failure by authorities to petition for an order 80 81 In contrast in Oregon any person living with the person of concern may file a petition 79 In New York an order may be sought by a family member a prosecutor or police official a teacher or a school administrator 82 The California Legislature passed a measure in 2016 to allow high school and college employees co workers and mental health professionals to file such petitions but this legislation was vetoed by Governor Jerry Brown 13 83 Similar legislation however was signed into law by Governor Gavin Newsom in 2019 the legislation which went into effect January 1 2020 expands the list of people who may request GVROs to include an employer of the subject of the petition a coworker of the subject of the petition if they have had substantial and regular interactions with the subject for at least one year and have obtained the approval of the employer and an employee or teacher of a school that the subject has attended for the last six months if the employee or teacher has obtained the approval of administrators 84 In California it is a misdemeanor offense for a person to file a GVRO petition knowing the information in the petition to be false or with the intent to harass 85 Making false statements on petitions is also a criminal offense in other states for example in Colorado a woman who lied on a petition was found guilty of attempting to influence a public servant and of perjury 86 Effects editA 2016 study published in the journal Law and Contemporary Problems analyzed data from the 762 gun removals under Connecticut s risk warrant law from October 1999 through June 2013 and determined that there was one averted suicide for every ten to eleven gun seizure cases 87 The researchers concluded that enacting and implementing laws like Connecticut s civil risk warrant statute in other states could significantly mitigate the risk posed by that small proportion of legal gun owners who at times may pose a significant danger to themselves or others 87 A 2018 study published in the journal Psychiatric Services utilized CDC data from all suicides in all 50 states from 1981 2015 to examine the effects of Connecticut and Indiana s risk based firearm seizure law on state level firearm suicide rates 88 The researchers concluded that Indiana s firearm seizure law was associated with a 7 5 reduction in firearm suicides in the ten years following its enactment an effect specific to suicides with firearms and larger than that seen in any comparison state by chance alone Enactment of Connecticut s law was associated with a 1 6 reduction in firearm suicides immediately after its passage and a 13 7 reduction in firearm suicides in the post Virginia Tech period when enforcement of the law substantially increased The study also found that Whereas Indiana demonstrated an aggregate decrease in suicides Connecticut s estimated reduction in firearm suicides was offset by increased non firearm suicides 88 A preliminary case series published in the Annals of Internal Medicine in 2019 analyzed the use of ERPOs in California and found that the cases studied suggest that California s red flag law as a form of urgent individualized intervention can play a role in efforts to prevent mass shootings 85 A 2023 review by the RAND Corporation concluded there was inconclusive evidence of the effect of red flag laws on firearm suicides 89 In light of the fact that 62 of U S gun deaths from 2008 to 2017 were suicides the potential for red flag laws to prevent suicide has been cited as a benefit that may be more valuable than their ability to prevent mass shootings 90 Usage editStates with red flag laws differ substantially in the rate that such laws were used 9 91 Nationwide in 2020 red flag laws were used to remove guns about 5 000 times 9 The states that used red flags most often in 2020 were Florida 2 355 uses California 984 Maryland 476 New Jersey 311 and New York 255 9 A 2020 analysis found that adjusted on a per capita basis and on a per day in effect basis Florida used its red flag law the most 9 4 orders per year per 100 000 residents followed by Maryland 8 2 orders per year per 100 000 residents 91 One factor in different use rates is whether a state has courts that allow petitioners to seek an order after business hours and on weekends 91 In some states petitions for removal of guns are not filed even where the facts would support issuance of an orders For example in Oregon the state legislature enacted a red flag law but did not allocate funds for public education efforts Local prosecutors led trainings and outreach for law enforcement judges and others 92 California edit In California in 2016 and 2017 189 petitions for gun violence restraining orders were granted Of these 12 petitions were filed by family members while the rest were filed by law enforcement 93 94 Colorado edit In 2020 the first year that Colorado s red flag law was in effect Colorado courts issued 115 orders and denied 46 petitions 95 Most petitions were filed by law enforcement agencies 95 Colorado has two forms of court orders under the law a temporary ERPO TERPO which has a duration of up to two weeks and if the TERPO is granted a 364 day ERPO which may be granted by the court after a hearing In Colorado petitions filed by law enforcement agencies are far likelier to be granted than petitions filed by family or household members In the first year that Colorado s law was in effect 82 of petitions for TERPOs and 85 of petitions for yearlong ERPOs filed by law enforcement were granted by courts by contrast 18 of petitions for TERPOs and 15 of petitions for yearlong ERPOs filed by family or household members were granted by courts 96 In 2023 the Governor of Colorado signed a bill into law that passed the Legislature to reform and strengthen the red flag law of Colorado and other related firearms bills 97 Connecticut edit In Connecticut a law prohibiting people under 21 from buying firearms has been enforced and the purchasing of assault rifles is disallowed Connecticut also has some 764 imminent risk gun seizures were served between October 1999 and July 2013 according to a 2014 study in the Connecticut Law Review 98 Of gun seizure orders served 91 5 were directed to men and 8 5 were directed to women and the average age of the individuals was 47 4 years old 98 Police reports associated with the Connecticut gun seizures in 1999 to 2013 indicated that at the time of confiscation about 30 of the subject gun owners showed evidence of alcohol consumption and about 10 indicated using prescribed pain medications 98 At the time the warrants were served the majority of gun owners 60 of men and 80 of women were sent to a local hospital emergency department for an emergency evaluation a minority 20 were arrested 98 The study noted that In over 70 of the cases the outcome of the hearings was unknown For the cases with outcomes reported the judges ruled that the weapons needed to be held by the state 68 of the time Weapons were returned in only twenty of the reported cases In fifteen other cases guns were given to a family member in thirty cases the guns were destroyed 98 Florida edit In Florida red flag orders were granted 2 227 times between March 2018 when the law took effect and July 2019 State judges granted petitions for temporary orders about 97 of the time and granted petitions for final orders 99 of the time 99 In many cases up to 90 in Broward County the respondent agrees to the order 100 The volume of petitions varies from county to county 99 Indiana edit In Marion County Indiana which contains Indianapolis and the most of the uses of Indiana s ERPO law a 2015 study published in the journal Behavioral Sciences amp the Law found that seizure petitions were filed in court 404 times between 2006 and 2013 from persons identified as being a risk of suicide 68 violence 21 or psychosis 16 The study found that 28 of firearm seizure cases involved a domestic dispute and 26 involved intoxication The study found that The seized firearms were retained by the court at the initial hearing in 63 of cases this retention was closely linked to the defendant s failure to appear at the hearing The court dismissed 29 of cases at the initial hearing closely linked to the defendant s presence at the hearing In subsequent hearings of cases not dismissed the court ordered the destruction of the firearms in 72 of cases all when the individual did not appear in court and dismissed 24 of the cases all when the individual was present at the hearing 101 Maine edit Maine passed a law in effect from July 1 2020 which allows police and prosecutors to seek permission from a court to confiscate dangerous weapons from people who pose a danger to themselves and others This law is different from red flag laws in other states because it requires a medical professional assessment This limitation is why the law in Maine is often called a yellow flag law 102 Maryland edit In Maryland from October 1 2018 the date the law took effect until late October 2020 the state courts granted 989 petitions for gun removal orders 91 Maryland courts grant slightly over half of the petitions filed 91 In the first three months of the state s law about 60 of petitions were filed by family or household members one petition was filed by a healthcare worker and the rest were filed by police 103 In November 2018 a Maryland man was killed by Anne Arundel County police officers serving a removal order after refusing to surrender his firearms police said that there was a struggle over the gun and a shot was fired before officers fatally shot the man 104 New York edit In New York a total of 589 extreme risk protection orders were issued from 2019 when the law took effect through May 2022 a rate of about 18 orders per month The New York state courts do not track the number of petitions for orders that are denied 105 After a gun massacre at a Buffalo supermarket in May 2022 in which ten people were killed New York Governor Kathy Hochul issued an executive order requiring state police to file a petition when they believe based on set criteria that an individual presents a threat to themselves or others 106 107 Oregon edit In the first 22 months that Oregon s law was in effect January 1 2018 October 31 2019 166 petitions were filed in Oregon for an extreme risk protection order Of the 166 petitions 112 were for people at risk of suicide and 39 related to domestic violence 26 petitions involved both suicide risk and domestic violence 39 An Oregon Public Broadcasting review found that the petitions concerned individuals in crisis with the majority of petitions citing multiple factors such as threats of violence use of physical force owning or attempting to purchase deadly weapons prior convictions and use of controlled substances 39 The Oregon courts granted 122 petitions 73 of those filed The remaining 44 petitions 27 of those filed did not result in the issuance of an order either because a judge denied the petition in 32 cases or the request was withdrawn in 12 cases 39 Counties varied widely in the level of usage of the process most petitions were filed in Washington and Multnomah counties respectively while 11 counties did not issue any ERPOs and 7 counties issued a single ERPO 39 Vermont edit In the first 16 months that Vermont s law was in effect the state courts issued about 30 extreme risk orders 108 Anti red flag laws editOklahoma edit In May 2020 Oklahoma became the first state to enact an anti red flag law The law specifically prohibits the state or any city county or political subdivision from enacting red flag laws 109 110 Wyoming edit On March 22 2024 Wyoming became the second state to enact an anti red flag law 111 Federal legislative proposals editSenator Dianne Feinstein Democrat of California introduced a bill the Extreme Risk Protection Order Act S 506 which would allow states to use grants to develop red flag laws The legislation is supported by 25 Democratic senators and two Democratic aligned independent senators 112 113 The legislation did not advance 113 Other bills were introduced by other members a S 506 and other proposed bills would add persons subject to extreme risk protection orders to the list of prohibited persons in 18 U S C 922 g those persons who are prohibited from possessing a firearm 117 The legislation would thus make it a federal crime for persons subject to the orders to possess firearms and for anyone else who has reasonable cause to know about the orders to sell or give firearms to them 117 In September 2019 following mass shootings in El Paso and Dayton Ohio the House Judiciary Committee approved amendments to the federal red flag bill to create a national red flag process 118 In June 2022 the House passed the Federal Extreme Risk Protection Order Act of 2021 119 on a 224 202 vote mostly along party lines 120 121 The bill would establish a national red flag process for the federal district courts 121 119 In the House vote 219 Democrats and 5 Republicans voted yes 201 Republicans and 1 Democrat voted no and 2 Republicans did not vote 122 b The legislation was sponsored by Representative Lucy McBath and passed the House in the aftermath of shooting massacres in Buffalo New York and Uvalde Texas 120 The House passed bill as well as a package of other gun safety bills passed by the House including a safe storage law an increase in the minimum age to buy semi automatic rifles to 21 a large capacity magazine ban and universal background checks were blocked in the divided Senate which is evenly split between the parties However a bipartisan group of Senators negotiated a significantly narrower bill that passed the Senate on June 23 2022 123 124 125 The legislation the Bipartisan Safer Communities Act of 2021 passed the Senate on a 65 33 vote was signed into law by President Joe Biden two days later on June 25 2022 125 126 77 Among other provisions the act allocates 750 million in federal funds to states to support the creation and maintenance of crisis intervention programs for state courts including red flag law programs as well as mental health court drug court or veterans court programs 124 127 Judicial review editCourts that have reviewed red flag laws prior to the United States Supreme Court s 2022 decision in New York State Rifle amp Pistol Association Inc v Bruen have rejected Second Amendment and Due Process challenges 117 128 In Hope v State 2016 the Connecticut Appellate Court concluded that the state s firearm removal law does not violate the Second Amendment because it does not restrict the right of law abiding responsible citizens to use arms in defense of their homes 117 129 The court considered the Connecticut statute to be an example of the longstanding presumptively lawful regulatory measures permissible under the U S Supreme Court s decision in Heller v District of Columbia 117 129 Similarly in Redington v State 2013 the Court of Appeals of Indiana concluded that Indiana s red flag statute did not violate the right to keep and bear arms was not an unconstitutional taking and was not unconstitutionally vague 117 130 In Davis v Gilchrist County Sheriff s Office 2019 the Florida First District Court of Appeal also rejected a challenge to Florida s red flag law holding that the law is constitutional and does not violate the right to due process 131 132 A lawsuit is pending challenging Nevada s red flag law 133 However in a post Bruen case a New York Supreme Court applying the Bruen decision ruled on December 22 2022 that a New York red flag law was unconstitutional 134 135 A second judge on April 4 2023 ruled it unconstitutional too 136 Support and opposition editPublic opinion edit An April 2018 poll found that 85 of registered voters support legislation that would allow the police to take guns away from people who have been found by a judge to be a danger to themselves or others 71 strongly supported while 14 somewhat supported such laws 137 138 State level polling in Colorado and Michigan has shown similar levels of support 139 140 A PBS NewsHour NPR Marist Poll released in September 2019 showed that 72 of Americans supported the enactment of a federal red flag law while 23 were opposed 141 Advocacy groups and elected officials edit Democrats and some Republicans are receptive to these laws 1 Such laws are supported by groups that support gun control such as Brady Campaign to Prevent Gun Violence and Everytown for Gun Safety The latter group conducted a nationwide study showing that the perpetrators of mass shootings showed warning signs before the event 42 of the time 18 Opponents of red flag laws argue that such legislation infringes on constitutional rights such as the right to bear arms and the right to be secure against unreasonable searches and seizures 142 and object to ex parte hearings 143 144 145 146 There has been debate about how soon after the ex parte hearing the adversarial hearing should be held For example in Virginia state senator Glen Sturtevant argued that the legislature should consider requiring an adversarial hearing on the order within 48 hours rather than within 14 days 147 Jacob Sullum a columnist for Reason magazine questioned the very concept of red flags and whether experts can reliably distinguish between harmless oddballs and future murderers and citing a 2012 Department of Defense study 148 stated that even if certain red flags are common among mass shooters almost none of the people who display those signs are bent on murderous violence 149 The National Rifle Association NRA had previously argued that red flag laws unnecessarily hamper the right to due process of individuals who are restrained by them 58 and worked to defeat such legislation in Utah and Maryland 150 In a March 2018 policy reversal the NRA suggested that it might support such laws but conditioned any openness to such laws on an extensive list of conditions 59 150 including a judicial finding by clear and convincing evidence that the person poses a significant risk of danger 150 The NRA did not identify any federal or state red flag laws that it supported 150 and even after its March 2018 announcement continued to work to defeat or weaken red flag bills introduced in state legislatures 151 In summer 2018 the NRA mobilized to defeat red flag legislation proposed in Pennsylvania because it objected to allowing initial hearings ex parte 151 In Arizona in 2019 the NRA ghostwrote an opinion piece for sheriffs to submit to the local press stating their opposition to the legislation 152 A 2019 study by gun rights advocate John Lott found red flag laws have no significant effect on murder suicide the number of people killed in mass public shootings robbery aggravated assault or burglary 153 The ACLU of Rhode Island argued against such a law stating that People who are not alleged to have committed a crime should not be subject to severe deprivations of liberty interests in the absence of a clear compelling and immediate showing of need As well intentioned as this legislation is its breadth and its lenient standards for both applying for and granting an ERPO are cause for great concern 154 Some counties and cities have adopted Second Amendment sanctuary resolutions in opposition to red flag laws 152 155 156 As of 2019 update some 75 jurisdictions have declared themselves sanctuaries that oppose emergency protection orders and enforcement of gun background checks at times with assistance from the NRA 152 In the wake of the El Paso Texas shooting and Dayton Ohio shooting of August 3 and 4 2019 President Donald Trump called on states to implement red flag laws to help remove guns from those judged to pose a grave risk to public safety 79 However Trump did not endorse any particular piece of legislation and Republican Senate Majority Leader Mitch McConnell has said he would allow gun legislation to be brought to the Senate floor only if it gained Trump s support 157 158 Gun rights groups mounted a campaign to discourage Trump from supporting red flag laws or other gun control measures saying that pushing for red flag laws could cost Trump the 2020 presidential election 159 157 In November 2019 Trump abandoned the idea of putting forth red flag law proposals or other legislation to curtail gun violence 160 See also editGun laws in the United States by state Gun politics in the United States Public opinion on gun control in the United StatesNotes edit Senator Marco Rubio Republican of Florida introduced a separate bipartisan bill that would use grants to encourage the passage of state red flag laws 112 Senator Lindsey Graham Republican of South Carolina said in 2019 that he also planned to introduce legislation to encourage states to pass red flag laws 79 Another proposed federal red flag law is Representative John Katko s Protecting our Communities and Rights Act 114 which places on the State or petitioner the burden of establishing by clear and convincing evidence that the respondent poses an imminent particularized and substantial risk of unlawfully using a firearm to cause death or serious physical injury to himself or herself or to another person 115 While campaigning for the Democratic nomination for president in 2019 Senator Kamala Harris of California called for legislation to create domestic terrorism prevention orders which would give law enforcement and family members of suspected white nationalists or domestic terrorists the ability to petition a federal court to temporarily restrict a person s access to guns if the person exhibits clear evidence of being a danger 116 In states with red flag laws individuals making credible threats of violence can already be subject to gun removal orders 116 Matt Olsen former director of the National Counterterrorism Center during the Obama administration has said that should Harris s proposal move forward it would be important for the legislation to specify that a person cannot be deemed a domestic terrorist solely based on First Amendment protected activity such as openly stating white nationalist beliefs 116 The five Republicans who supported the bill were Representatives Brian Fitzpatrick of Pennsylvania Anthony Gonzalez of Ohio Chris Jacobs of New York Adam Kinzinger of Illinois and Fred Upton of Michigan Four of the five Republicans who voted yes had previously announced that they would not seek reelection in 2022 The one Democrat who voted against the bill was Representative Jared Golden of Maine 121 References edit a b Barbaro Michael host Tuesday Feb 27 2018 The Daily New York Times 27 Feb 2018 New York Times Rafael Olmeda April 9 2018 Man charged with felony won t give up guns New law lets cops put him behind bars Sun Sentinel Nicole Gaudiano August 24 2018 As Anne Arundel police prepare for red flag gun seizures law s sponsor holds Capital Gazette shooting victim close The Capital O Sullivan Joseph November 14 2016 Family tragedy behind Initiative 1491 to get guns from those deemed at extreme risk The Seattle Times Retrieved February 27 2018 a b Johnson Kirk February 23 2018 States Mull Red Flag Gun Seizures from People Deemed Dangerous The New York Times Baker Mike November 18 2019 He Wrote Kill All Women but a Judge Returned His Guns New York Times Retrieved November 26 2019 Reena Kapoor Elissa Benedek Richard J Bonnie Tanuja Gandhi Liza Gold Seth Judd Debra A Pinals Resource Document on Risk Based Gun Removal Laws Focus The Journal of Lifelong Learning in Psychiatry Vol 17 Issue 4 Fall 2019 pp 443 451 doi 10 1176 appi focus 17403 Data behind Extreme Risk Protective Order Policies A Look at Connecticut s Risk Warrant Law Educational Fund to Stop Gun Violence May 2018 a b c d Dan Frosch amp Zusha Elinson Police Have a Tool to Take Guns From Potential Shooters but Many Aren t Using It Wall Street Journal November 15 2021 Extreme Risk Protection Orders Giffords Law Center last accessed November 30 2021 Jonathan Levinson amp Lisa Dunn What Is A Red Flag Law WAMU August 5 2019 a b c Jason Hanna and Laura Ly After the Parkland massacre more states consider red flag gun bills CNN March 7 2018 a b c Foley Ryan J Thompson Don February 19 2018 Few states let courts take guns from people deemed a threat Associated Press Katie Stancombe Reversal COA orders return of once dangerous man s 51 guns Indiana Lawyer April 5 2019 Justin L Mack He warned that the man would kill if he got his guns back That nightmare came true Indianapolis Star October 16 2019 Bernstein Lenny February 16 2018 Five states allow guns to be seized before someone can commit violence The Washington Post Nick Wing amp Melissa Jeltsen Wave of Red Flag Gun Laws Shows Power of the Parkland Effect Huffington Post June 16 2018 a b Michael Livingston More States Approving Red Flag Laws to Keep Guns Away from People Perceived as Threats Los Angeles Times May 14 2018 Scherer Michael March 7 2018 Florida Legislature Backs New Gun Restrictions After Parkland School Shooting The Washington Post McCullum April April 10 2018 Gov Scott Signs Vermont Gun Bills When New Steps Take Effect Burlington Free Press Bernfeld Jeremy April 24 2018 Ban on Bump Stocks Among New Gun Regulations in Maryland WAMU McGuinness Dylan June 1 2018 Raimondo Signs Red Flag Bill Bump Stock Ban Into Law Associated Press Wing Nick June 13 2018 New Jersey s Tough Gun Laws Just Got Even Stronger Huffington Post Goss Scott April 24 2018 Red Flag Gun Bill Passes Heads to Delaware Governor s Desk The News Journal Miller Joshua July 3 2018 People Deemed to Be a Danger Can Lose Gun Rights Under New Law Boston Globe Retrieved July 4 2018 McCoppin Robert Garcia Monique July 16 2018 Guns Can Be Removed from Those Deemed Dangerous under Law Signed by Rauner He Also Extends Cooling Off Period to Assault Style Weapons Chicago Tribune Peter Hermann December 18 2018 D C Council approves red flag gun seizure law Washington Post a b Aubel Amanda J Pallin Rocco Knoepke Christopher E Wintemute Garen J Kravitz Wirtz Nicole 2022 05 16 A comparative content analysis of newspaper coverage about extreme risk protection order policies in passing and non passing US states BMC Public Health 22 1 981 doi 10 1186 s12889 022 13374 8 ISSN 1471 2458 PMC 9109361 PMID 35578227 a b Tom Precious Cuomo signs red flag gun control bill into law Buffalo News February 25 2019 a b Laura Ly New York s governor joined by Nancy Pelosi signs red flag gun protection law CNN February 25 2019 Autumn Callan New York governor signs red flag gun bill into law Jurist February 26 2019 Axelrod Tal April 13 2019 Colorado governor signs red flag gun bill The Hill Blake Apgar June 14 2019 Nevada Gov Sisolak signs gun control bill into law Las Vegas Review Journal Kevin Dayton July 1 2019 Red Flag Gun Law Signed by Hawaii Governor Tribune News Service Act 140 An Act Relating to Gun Violence Protective Orders PDF Thirtieth Legislature 2019 State of Hawaii a b Bandlamudi Adhiti 9 August 2019 The Complicated Politics of Passing a Red Flag Law WUNC Geoff Dornan Red Flag gun law now in effect in Nevada Nevada Appeal January 8 2020 Colorado just used its gun seizure law for the first time one day after it took effect Washington Post January 8 2020 a b c d e Jonathan Levinson 2 Years In Oregon s Red Flag Law Paints a Picture of Crisis Oregon Public Broadcasting December 17 2019 Dan Boyd Governor signs red flag firearms bill Albuquerque Journal February 25 2020 Gov Lujan Grisham says law enforcement has to enforce new red flag law KOB TV February 25 2020 Gregory S Schneider amp Laura Vozzella Republicans in Virginia kill red flag bill endorsed by Trump administration Washington Post January 19 2019 Ned Oliver Trump renews calls for red flag laws Va GOP voted down earlier this year Virginia Mercury August 5 2019 Chandelis Duster Virginia governor says he will reintroduce gun control measures after Dems take over state government CNN November 6 2019 Amy Friedenberger Virginia Senate passes red flag firearms bill on party line vote Roanoke Times January 22 2020 Mallory Noe Payne Along Party Line Vote Virginia Senate Passes Red Flag Law WVTF January 22 2020 What Made Virginia Change Its Mind on Guns New York Times January 30 2020 Veronica Stracqualursi Virginia governor signs background checks red flag and other gun control bills into law CNN April 10 2020 Roberto Roldan Gov Northam Signs Five New Gun Control Measures Into Law VPM April 10 2020 Paul A Friedman Fairfax County wants people to know they can prevent gun violence through its red flag law Washington Post December 31 2021 Paul A Friedman Fairfax County is a leader in promoting red flag laws Others should follow Washington Post June 14 2022 Suzie Ziegler Colo sheriffs once skeptical are putting red flag laws to use Police1 June 27 2022 a b Markian Hawryluk Some sheriffs who condemned red flag laws are putting them to use KHN June 27 2022 a b c Chip Brownlee In Colorado Springs Local Officials Resisted the State s Red Flag Law The Trace Nov 21 2022 Andrew Kenney Gun violence expert says red flag law met with unusual resistance from some Colorado law enforcement Colorado Public Radio November 22 2022 Gorham Quinn 2023 05 19 Walz signs gun control measures into law Minnesota has been waiting too damn long KTTW Retrieved 2023 05 23 Cappelletti Joey 2023 05 22 Michigan governor signs red flag gun law questions linger over enforcement AP Retrieved 2023 05 23 a b Fies Andy February 16 2018 How a temporary restraining order for guns could help stop mass shootings ABC News a b Sean Campbell amp Alex Yablon Red Flag Laws Where the Bills Stand in Each State The Trace March 29 2018 Wing Nick Massachusetts Joins Wave of States Passing Red Flag Gun Laws After Parkland Huffington Post Bianca Buono Gov Ducey will push for red flag gun law again for Arizona KPNX August 5 2019 Small Jim 2020 02 13 Ducey flip flops on red flag laws says they won t happen on his watch Arizona Mirror Retrieved 2022 09 18 a b Dawn Baumgartner Vaughan Gov Cooper announces gun safety measures calls for action on red flag bill News amp Observer August 12 2019 New federal fund unlikely to improve chances of red flag gun law in North Carolina wcnc com June 28 2022 Retrieved 2022 09 18 Jackie Borchardt amp Jessie Balmert Would Ohio Gov Mike DeWine s red flag proposal pass the Ohio legislature We asked every lawmaker Cincinnati Enquirer August 16 2019 a b Jessie Balmert amp Jackie Borchardt Ohio governor decides against red flag law proposes optional private sale background checks Cincinnati Enquirer October 7 2019 Trau Morgan 2022 08 19 Ohio GOP lawmaker introduces gun safety bill includes red flag law enhanced background checks Ohio Capital Journal Retrieved 2022 09 18 Natalie Allison Gun control Tennessee Gov Bill Lee says it s too early to commit to enacting red flag gun law Nashville Tennessean August 6 2019 Morgan Rumsey Camruinn Could a red flag law help prevent shootings in Tennessee www actionnews5 com Retrieved 2022 09 18 Channel 5 News Ethan DeWitt Sununu vetoes red flag law mandatory PFAS testing bill Concord Monitor August 7 2020 Legislative Bill 58 PDF January 10 2019 JoAnne Young Nebraska relatively more cautious about guns than other red states expert says Lincoln Journal Star August 11 2019 Red Flag law proposed in Kentucky to take guns from people perceived as a threat WDRB August 9 2019 House Resolution 74 February 10 2022 Ford Turner Backers of proposed red flag gun law in Pennsylvania support end around to get things moving Morning Call October 14 2019 a b Biden Signs First Significant US Gun Control Law In Decades www barrons com AFP Agence France Presse Retrieved 2022 06 28 Reena Kapoor Elissa Benedek Richard J Bonnie Tanuja Gandhi Liza Gold Seth Judd Debra A Pinals APA Resource Document on Risk Based Gun Removal Laws Ad Hoc Workgroup of the Council on Psychiatry and Law approved by the American Psychiatric Association Joint Reference Committee June 2018 republished as Resource Document on Risk Based Gun Removal Laws Focus The Journal of Lifelong Learning in Psychiatry Vol 17 Issue 4 Fall 2019 pp 443 451 doi 10 1176 appi focus 17403 a b c d Lawrence Elizabeth August 5 2019 After back to back shootings Trump called for red flag laws Here s what they are USA Today Robertson Campbell Watkins Ali Martinez Andres R April 18 2021 Red Flag Law Didn t Prevent Indianapolis Shooter The New York Times Retrieved April 18 2021 via MSN Moshtaghian Artemis Holcombe Madeline April 19 2021 A year before the Indianapolis FedEx mass shooting the gunman browsed white supremacist websites police say CNN Retrieved April 20 2021 Lindsay Whitehurst Michael Tarm amp James Anderson Buffalo shooter s previous threat raises red flag questions Associated Press May 17 2022 McGreevy Patrick August 19 2019 California s red flag law might be helping to reduce mass shooting risk study says Los Angeles Times Retrieved August 19 2019 Benjamin Ebbink California Expands Red Flag Law To Permit Gun Violence Restraining Orders in Workplaces and Schools Fisher Phillips October 16 2019 a b Garen J Wintemute Veronica A Pear Julia P Schleimer Rocco Pallin Sydney Sohl Nicole Kravitz Wirtz Elizabeth A Tomsich Extreme Risk Protection Orders Intended to Prevent Mass Shootings A Case Series Annals of Internal Medicine August 20 2019 doi 10 7326 M19 2162 Amanda Kesting Erin Powell Woman found guilty of perjury for lying on Red Flag petition against CSU police officer KUSA April 23 2022 a b Swanson J W Norko M Lin H J Alanis Hirsch K Frisman L Baranoski M Easter M Robertson A G Swartz M Bonnie R J Implementation and Effectiveness of Connecticut s Risk Based Gun Removal Law Does It Prevent Suicides 80 Law and Contemporary Problems pp 179 208 August 2016 a b Kivisto Aaron J Phalen Peter Lee 2018 Effects of Risk Based Firearm Seizure Laws in Connecticut and Indiana on Suicide Rates 1981 2015 Psychiatric Services 69 8 855 862 doi 10 1176 appi ps 201700250 ISSN 1557 9700 PMID 29852823 Effects of Extreme Risk Protection Orders on Suicide RAND Corporation Warren Fiske Miyares Gun Suicide Claim Rates Mostly True PolitiFact Virginia August 20 2019 a b c d e Ben Leonard Two years in Maryland leads most other states in use of red flag gun law Baltimore Sun October 23 2020 Red Flag Laws Are Saving Lives They Could Save More Pew Trusts October 5 2021 Melody Gutierrez Jerry Brown vetoes California bill to expand gun restraining orders San Francisco Chronicle September 26 2018 Melody Gutierrez California starts slowly on seizing unstable people s guns but that could change San Francisco Chronicle May 11 2018 a b Harshwinder Kaur Tess Udall and Adam Rice First Year Implementation of Colorado s Violence Prevention Act Reflections on Its Impact amp Opportunities for Improvement Colorado Attorney General s Office August 2021 Leslie M Barnard Megan McCarthy Christopher E Knoepke Sabrina Kaplan James Engeln amp Marian E Betz Colorado s first year of extreme risk protection orders Injury Epidemiology volume 8 article 59 2021 https coloradosun com 2023 04 28 colorado governor signs four gun bills into law erpo age red flag a b c d e Michael A Norko amp Madelon Baranoski Gun Control Legislation in Connecticut Effects on Persons with Mental Illness 6 Connecticut Law Review 1609 1619 2014 a b Rafael Olmeda Thousands of guns taken under Red Flag law but South Florida lags in applying it South Florida Sun Sentinel September 21 2019 Amy Sherman PolitiFact How Florida s red flag gun law works Tampa Bay Times September 9 2019 George F Parker Circumstances and Outcomes of a Firearm Seizure Law Marion County Indiana 2006 2013 33 Behavioral Sciences amp the Law 308 2015 Maine passed a law to prevent mass shootings Police have used it 13 times Bangor Daily News 25 Jan 2021 Ovetta Wiggins Red flag law in Maryland led to gun seizures from 148 people in first three months Washington Post January 15 2019 Colin Campbell November 5 2018 Anne Arundel police say officers fatally shot armed man while serving protective order to remove guns Baltimore Sun Andy Newman Jonah E Bromwich and Ashley Southall How guns are taken away under New York s red flag law New York Times May 16 2022 Sarah Taddeo NY Gov Hochul signs executive order to target domestic terrorism strengthen red flag law Democrat amp Chronicle May 18 2022 Executive Order No 19 2022 Directing the State Police to File Extreme Risk Protection Orders Melissa Block How Red Flag Laws Are Used In Vermont All Things Considered NPR August 21 2019 Paul Heintz Red Flags in the Green Mountains How VT s Extreme Risk Gun Law Is Working Seven Days August 14 2019 Oklahoma SB1081 2020 Regular Session LegiScan Retrieved 2020 06 21 Nation s first anti red flag law now on the books Claremore Daily Progress May 21 2020 Gordon signs bills prohibiting red flag gun laws protecting firearms purchase privacy Oil City Staff Retrieved 2024 03 24 a b Jordain Carney Senators ask for committee vote on red flag bills after shootings The Hill August 5 2019 a b S 506 Extreme Risk Protection Order Act of 2019 116th Congress Congress gov Congress has 110 gun bills on the table Here s where they stand PBS NewsHour PBS 6 August 2019 Text H R 744 116th Congress 2019 2020 Protecting Our Communities and Rights Act of 2019 4 March 2019 a b c Madhani Aamer 14 August 2019 White nationalists could have firearms taken under red flag law proposed by Kamala Harris USA Today a b c d e f Michael A Foster In Focus Firearm Red Flag Laws in the 116th Congress Congressional Research Service May 8 2019 House Democrats Push Major Gun Control Bills Forward Following the Mass Shootings in el Paso and Dayton BuzzFeed News a b H R 2377 117th Congress a b House passes red flag bill as talks continue on gun restrictions NBC News Retrieved 2022 06 09 a b c Annie Karni House Passes Red Flag Bill as Senate Talks on Gun Violence Continue New York Times June 9 2022 Roll Call 255 Bill Number H R 2377 Office of the Clerk of the House June 9 2022 Melissa Quinn House passes package of gun control bills in response to Buffalo and Uvalde shootings CBS News June 9 2022 a b Stephanie Lai and Emily Cochrane Here s what is in the Senate s gun bill and what was left out New York Times June 23 2022 a b Melissa Quinn Senate passes most significant gun control legislation in decades CBS News June 24 2022 Bolton Alexander 2022 06 24 Senate passes gun safety bill breaking years long stalemate The Hill Retrieved 2022 06 28 Chip Brownlee amp Tom Kutsch What You Need to Know About the Senate Gun Reform Bill The Trace June 24 2022 Joseph Blocher and Jake Charles No red flag gun laws don t violate due process rights Washington Post June 7 2022 a b Hope v State 133 A 3d 519 163 Conn App 36 2016 Redington v State 992 N E 2d 823 Ind Ct App 2013 Davis v Gilchrist County Sheriff s Office 280 So 3d 524 Fla Dist Ct App 2019 Jim Saunders Appeals Court Upholds Red Flag Law News Service of Florida September 26 2019 Lawsuit filed to block Nevada s red flag law thenevadaindependent com 5 December 2019 Retrieved 2020 02 02 Napier Jackie 2022 12 30 Judge in Rochester rules NYS Red Flag law unconstitutional WHAM Retrieved 2022 12 31 G W v C N 2022 NY Slip Op 22392 nycourts gov Retrieved 2022 12 31 Document List iapps courts state ny us Retrieved 2023 04 14 Washington Post ABC News Poll April 8 11 2018 Emily Guskin amp Scott Clement Has Parkland changed Americans views on guns Washington Post April 20 2018 Patrick Center Poll reveals Michigan voters in favor of Red Flag law WGVY March 8 2018 NEW POLL Colorado voters overwhelmingly favor a Red Flag Law Keating Research May 3 2018 Laura Santhanam Most Americans support these 4 types of gun legislation poll says PBS NewsHour September 10 2019 Cerwinske Joe 13 August 2019 State Senator Chapman Voices Opposition to Red Flag Gun Law Raccoon Valley Radio Jose Nino July 27 2018 Red Flag Laws The Latest Anti Gun Scheme Mises Institute Michael Hammond April 19 2018 Kafkaesque red flag laws strip gun owners of their constitutional rights USA Today GOA warns Senators on dangers of Red Flag Laws Gun Owners of America Retrieved February 1 2019 Jordan Chuck 2019 08 12 Red flag laws violate more than just gun rights The Hill Retrieved 2019 08 12 Megan Pauly July 8 2019 Virginia Legislature To Reconsider Red Flag Law VPM TASK FORCE REPORT Predicting Violent Behavior PDF August 2012 Archived PDF from the original on September 9 2019 The Buffalo Massacre Illustrates the Inherent Limitations of Red Flag Laws May 18 2022 a b c d Nicole Gaudiano March 19 2018 Under pressure NRA voices support for gun violence restraining orders USA Today a b Alex Yablo First the NRA Watered Down a Red Flag Bill Then It Mobilized to Kill It The Trace July 12 2018 a b c Penzenstadler Nick May 20 2019 NRA helps sheriffs fight gun laws in Second Amendment sanctuaries USA Today Moody Carlisle E Lott John R December 28 2018 Do Red Flag Laws Save Lives or Reduce Crime Rochester NY SSRN 3316573 a href Template Cite journal html title Template Cite journal cite journal a Cite journal requires journal help ACLU of Rhode Island Raises Red Flags Over Red Flag Gun Legislation News The American Civil Liberties Union of Rhode Island riaclu org Retrieved 2020 03 21 Beckman Abigail March 7 2019 Counties Declare Second Amendment Sanctuary Status As Legislature Debates Red Flag Bill KTCC David Gutman February 12 2019 Sheriffs who don t enforce Washington s new gun law could be liable AG Bob Ferguson says Seattle Times a b John Santucci Katherine Faulders Sarah Kolinovsky amp Alexander Mallin Campaign says new gun control measures may pose political problem for Trump Sources ABC News September 6 2019 Alexander Bolton Trump walks tightrope on gun control The Hill September 22 2019 Kathryn Second Amendment advocates warn Trump over support for red flag laws CBS News August 15 2019 Josh Dawsey Trump abandons proposing ideas to curb gun violence after saying he would following mass shootings Washington Post November 1 2019 External links edit nbsp Wikimedia Commons has media related to Red flag law Encore Do red flag laws work at NPR Extreme Risk Protection Order Act in the Revised Code of Washington Gun Violence Restraining Orders statutes in the California Penal Code Retrieved from https en wikipedia org w index php title Red flag law amp oldid 1216179664, wikipedia, wiki, 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