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]
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]
- ^ 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.
- ^ Cite error: The named reference
States-Mullwas invoked but never defined (see the help page). - ^ 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).
- ^ 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).
- ^ Extreme Risk Protection Orders, Giffords Law Center (last accessed November 30, 2021).
- ^ Jonathan Levinson & Lisa Dunn, What Is A Red Flag Law?, WAMU (August 5, 2019).
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