I have many good conservative friends who are issuing dire warnings about extreme-risk laws, aka red flag laws. They see them as a dangerous step toward total gun confiscation and as a serious violation of due process. These fears are unfounded. The red flag laws are reasonable, sensible measures that are supported by numerous police associations all across the country. Contrary to some conservative rhetoric, extreme-risk laws do not "leave gun owners defenseless" and "abolish due process." Conservative Republicans risk losing huge chunks of voters by continuing to oppose, and misrepresent, any and all red flag laws.
Even the more aggressive red flag laws contain provisions to protect the rights of the person against whom the confiscation order is given. The confiscation periods are very short, usually only a few days. In every state where such laws have been passed, a judge has to issue the extreme-risk restraining order. No police department or DA can unilaterally take a person's guns based on a red-flag complaint--a judge has to review the complaint and then rule on it. Also, some states impose penalties for making complaints that are judged to be intentionally false and maliciously motivated.
Here are some good articles that lay out the facts about the provisions of the red flag laws that have been passed so far:
Extreme Risk Laws Save Lives - EverytownResearch.org
Red Flag Laws Spur Debate Over Due Process
Red Flag Laws Seek To Balance Gun Safety With Due Process
Extreme Risk Protection Orders | Giffords Law Center to Prevent Gun Violence
Even the more aggressive red flag laws contain provisions to protect the rights of the person against whom the confiscation order is given. The confiscation periods are very short, usually only a few days. In every state where such laws have been passed, a judge has to issue the extreme-risk restraining order. No police department or DA can unilaterally take a person's guns based on a red-flag complaint--a judge has to review the complaint and then rule on it. Also, some states impose penalties for making complaints that are judged to be intentionally false and maliciously motivated.
Here are some good articles that lay out the facts about the provisions of the red flag laws that have been passed so far:
Extreme Risk Laws Save Lives - EverytownResearch.org
Red Flag Laws Spur Debate Over Due Process
Red Flag Laws Seek To Balance Gun Safety With Due Process
Extreme Risk Protection Orders | Giffords Law Center to Prevent Gun Violence
