<mediadc-video-embed data-state="{"cms.site.owner":{"_ref":"00000161-3486-d333-a9e9-76c6fbf30000","_type":"00000161-3461-dd66-ab67-fd6b93390000"},"cms.content.publishDate":1654794598240,"cms.content.publishUser":{"_ref":"0000016c-7763-d473-a96f-77eb53420000","_type":"00000161-3461-dd66-ab67-fd6b933a0007"},"cms.content.updateDate":1654794598240,"cms.content.updateUser":{"_ref":"0000016c-7763-d473-a96f-77eb53420000","_type":"00000161-3461-dd66-ab67-fd6b933a0007"},"rawHtml":"
var _bp = _bp||[]; _bp.push({ "div": "Brid_54788932", "obj": {"id":"27789","width":"16","height":"9","video":"1029137"} }); rn","_id":"00000181-490a-d1f1-a1c3-7bcbbe450000","_type":"2f5a8339-a89a-3738-9cd2-3ddf0c8da574"}”>Video EmbedThe House passed legislation Thursday that looks to nationalize red flag laws, which allow law enforcement to seize a firearm and prevent the purchase of guns or ammunition if a person is deemed to pose a risk to him- or herself or others.
The measure passed 224-202, with five Republicans — Reps. Anthony Gonzalez (OH), Adam Kinzinger (IL), Fred Upton (MI), Brian Fitzpatrick (PA), and Chris Jacobs (NY) — voting in favor of the measure and one Democrat, Rep. Jared Golden (D-ME), voting against it.
The bill comes in the wake of the May 14 grocery store shooting in Buffalo, New York, that left 10 dead; the Uvalde, Texas, school massacre on May 24 that resulted in the death of 19 children and two teachers; the Tulsa, Oklahoma, medical center shooting on June 1 that led to five deaths; and a mass shooting on Philadelphia’s South Street that led to three fatalities, with proponents arguing it’s needed to curb gun violence.
The Federal Extreme Risk Protection Order Act — led by Rep. Lucy McBath (D-GA), who lost her son to gun violence — includes language to allow law enforcement, family, and household members of a person to request an ERPO to prevent the purchase and allow for the temporary removal of a firearm until the order expires. Sens. Lindsey Graham (R-SC) and Richard Blumenthal (D-CT) previously introduced the bill in the Senate.
HOUSE PASSES SWEEPING GUN REFORM LEGISLATION BUT FACES UPHILL BATTLE IN SENATE
Supporters of the legislation argue that Second Amendment rights are protected “through high standards of proof, an opportunity to be heard, the right to counsel, and penalties for those who file frivolous petitions.”
“The Federal Extreme Risk Protection Order Act is a bill that would empower loved ones and law enforcement to help prevent mass shootings before they happen. Every family and every community in our nation deserves access to these life-saving measures. No child, no parent, deserves to live in fear of gun violence, and we are paying for it,” McBath said on the floor.
Currently, 19 states and the District of Columbia have red flag laws in place.
Critics of the bill argue that it fails to protect the right to due process and could lead to an infringement on the Second Amendment.
“It would allow the courts to take guns away from people without notice and without even the right to appear in the hearing to defend themselves in court,” Rep. Mike Johnson (R-LA) said on the floor. “Now, the other side is going to tell you, and you’ll hear in the argument here — ‘Hey, there is due process, don’t worry about it.’ They’ll say because people are subjected to this process, they can just go to court and petition to get their firearms back. But I’ll let my colleagues in on something that every first-year law student learns: Due process after the fact is no due process at all.”
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The bill faces an uphill climb in the Senate, with conservative lawmakers unlikely to support the measure.
Its passage comes on the heels of the House passing a slate of gun-control-related measures on Wednesday that are unlikely to see movement in the upper chamber.
A group of bipartisan senators has expressed optimism about striking a deal on a more narrow bill aimed at curbing mass shootings that can garner the support needed to overcome the filibuster.
