Katie Poynter Baney:
Red flag laws
Red flag laws are a hotly debated topic today, both in politics and the media. What are they? Why are they so controversial and how many states have them? Hi there, I'm Katie Poynter Baney, the Managing Director of Government Affairs for the U-S-C-C-A and Delta Defense. So what is a red flag law? Legally, these are known as Extreme Risk Protection Orders or ERPO for short. This is an order that allows law enforcement, family members, or even in some cases, medical professionals to submit a request to a court of law to temporarily remove firearms and ammunition from someone who is believed to be a danger to himself or others. While these types of orders are in effect, it bars an individual from purchasing or possessing any firearms as well as revoking any current CCW permits. These types of orders do vary in length, depending on state law, but can last for up to a year.
U.S. States with RPOs
So how many states have RPOs? As of May, 2023, we're looking at 21 states and the District of Columbia that have enacted some form of red flag laws. The reason people advocate for these orders in theory is to prevent future acts of violence by someone who might be mentally unstable or by someone who has demonstrated some sort of violent behavior. Their theory goes, it's harder for someone to commit a violent crime if they don't have the tools to do it. So you've heard the argument and theory for Extreme Risk protection orders, but what about against? One of the biggest issues with the red flag laws is it's a violation of our due process rights guaranteed under the Sixth Amendment.
The Sixth Amendment guarantees a couple things. One, the right to be informed of criminal charges. Two, the right of the accused to face their accuser in court and third, the right of the accused to have their own witnesses and representation on their behalf. An individual could be forced to surrender their firearms without any prior knowledge of them having been charged without actually having even committed a crime. Again, red flag laws attempt to enforce the law before the law has actually been broken. There are additional concerns that these types of orders can easily be abused. Many individuals can make false or even exaggerated reports to the court. Think about a disgruntled family member, maybe in a strange spouse or even a neighbor that you don't get along with, who determines what sort of behavior is violent or threatening. There's no guarantee that such order is going to actually prevent a violent crime from taking place. Criminals by definition, do not follow the law. According to the FBI's Uniform Crime Reporting Program, illegally purchased guns or possessed firearms are used in 93% of gun related violent crimes.
And I would say most importantly, we're talking about depriving an individual of their Second Amendment right, guaranteed under the Constitution with little more than an accusation. Fundamentally, the U-S-C-C-A is opposed to red flag laws. Do you want to know exactly what the gun laws are in your state or in any state you may be traveling to with your gun? The U-S-C-C-A is giving away this free concealed carry gun law map, so American gun owners can stay on the right side of the law while exercising their Second Amendment rights. It's super easy to read and it's constantly updated when laws are changed. Just click the link in the description below to get free instant access.
You Tube Link: https://www.youtube.com/watch?v=QaKEiPAlL6Y
Credit: USCCA, www.usconcealedcarry.com
Also check CCW Safe Policy Review (2024)