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After the Lewiston shooting, scrutiny over unheeded warning signs and Maine's "yellow flag" gun law sparks bipartisan momentum for "red flag" laws.
In the United States, a red flag law (named after the idiom red flag meaning “warning sign“; also known as a risk-based gun removal law, [1]) 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.
Some sheriffs have balked at enforcing the red flag gun law, arguing it violates individuals' due process rights and does not work as intended. But the law has not been challenged in court.
Parkland shooting led to law. The risk protection order provision was just one piece of a much larger gun reform package signed into Florida law just three weeks after the Feb. 14, 2018 Parkland ...
New Mexico's Red Flag law also allows for an individual subject to an ERFPO to sell or transfer seized/surrendered firearms to a licensed firearms dealer or other non-prohibited buyer, after the buyer has passed a NICS background check. Authorities in some rural jurisdictions have refused to enforce New Mexico's Red Flag Law. [126] [127]
In 2019, 14 states, including Florida, had so-called “red flag” laws. Today, 21 and Washington, D.C., have enacted such provisions, according to the Giffords Law Center to Prevent Gun Violence.
[19] Sen. John Barrasso, the third-ranking Senate Republican, said he had "a lot of concerns" about red flag laws. [20] On June 9, 2022, the House passed (Federal Extreme Risk Protection Order),a bill to nationalize red flag laws, which seek to keep guns away from individuals deemed a threat to themselves and others. [21]
The office launched a resource center to help states implement red flag laws, which temporarily disarm people deemed to be a danger to themselves or others. It has also regularly met with ...