In the wake of the horrific Uvalde elementary school shooting, red flag laws have once again emerged as a possible bipartisan antidote to gun violence.
The policy grants law enforcement the power to confiscate firearms temporarily from individuals who exhibit suspicious behavior after a court determines they pose a credible threat to themselves and society.
“In every one of the deadliest school shootings, the shooter exhibited behavior before the shooting that could have triggered a well-drafted red flag law,” conservative columnist David French wrote in a recent piece for the Dispatch.
Typically, a relative or other confidants of a person will issue the request to a judge for a gun seizure after hearing concerning statements from a person or witnessing other strange behavior. A judge will then review the case and make an initial order, mandating the person temporarily relinquish all of his or her guns and ammunition for a period of time, such as three weeks, pending further court hearings.
Someone who has their guns seized can petition the order to regain the firearms. A court can also issue a longer-lasting final order to sequester arms for an extended period of time such as six months or a year, depending on the law in place.
The details of red flag laws vary from state to state. Sometimes, the policy is referred to as “extreme risk protection orders,” “firearms restraining orders,” “orders for protection against high-risk behavior,” or “lethal violence protective orders.” Red flag laws have been implemented in over a dozen states across the country. Florida is the only red state with a red flag law in effect, according to Pew Trusts.
Some conservatives have expressed support for red flag laws, including former President Donald Trump and other Republicans such as Rep. Dan Crenshaw (R-TX) and Sen. Marco Rubio (R-FL). Support for the measure appears strong among Democrats, with President Joe Biden and top party brass backing red flag laws. Previous efforts to push red flag laws in Congress have stalled in the Senate amid disputes over the details.
Critics of the provision, such as former National Rifle Association spokeswoman Dana Loesch, argue it can infringe on someone’s constitutional right to bear arms and buck due process. They fear the measure could result in the punishment coming before a crime and before a person can defend themselves against accusations levied against them. Gun rights advocates have also voiced concerns that red flag laws could be used for frivolous gun seizures by distraught associates who had a bone to pick with someone, instead of credible concerns.
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Other critics of the proposal argue red flag laws don’t go far enough to curb gun violence. Several gun control advocates have argued that more aggressive measures such as bolstered background checks and restrictions on purchases of semi-automatic weapons are needed. In 2019, Senate Majority Leader Chuck Schumer argued that Democrats shouldn’t just settle for red flag laws.
“We Democrats are not going to settle for half measures so Republicans can feel better and try to push the issue of gun violence off to the side,” Schumer declared. “Democrats in the Senate will seek to require that any E.R.P.O. bill that comes to the floor is accompanied by a vote on the House-passed universal background checks legislation.”
The policy has garnered renewed attention in the wake of the killing of 19 students and two teachers at the Texas school. Following the shooting, friends, co-workers, family members, and other associates of the shooter revealed that he exhibited bizarre behavior. He reportedly got into fights at school and ultimately dropped out of Uvalde High School. At one point, he allegedly arrived at a basketball court with cuts on his face, claiming the wounds were self-inflicted for fun, according to the Washington Post.
Red flag laws have stalled in the Texas legislature despite Gov. Greg Abbott expressing some openness to the measure. New York notably had a red flag law in place ahead of the Buffalo massacre that killed 10 people fewer than two weeks before the Uvalde shooting. But the provision failed to forestall suspect Payton Gendron from reportedly legally brandishing firearms despite alarming musings on Discord about killing as many black people as possible months before. The fact that the Empire State’s red flag law was not triggered for Gendron has prompted discussions among New York officials about how their red flag law could have been better enforced.
