Elise Schering, 7, displays a message during a National Gun Violence Awareness rally at the Capitol in Sacramento, Calif., June 2, 2022. Gov. Gavin Newsom announced that California is spending $11 million to promote use of red flag laws. "Red flag” laws allow law enforcement or family members to petition courts to temporarily remove firearms from individuals if they pose a danger to themselves or others.
Democratic and Republican senators may find rare consensus on gun legislation by supporting the expansion of red flag laws. These laws allow courts to temporarily take away a gun from someone who shows signs of a threat.to Sen. John Cornyn, R-Texas, in support of restrictions, including red flag laws.
The process allows people to petition a civil court to temporarily remove that person’s firearms. Red flag laws are sometimes called extreme risk protection orders ; gun violence restraining orders; or state crisis intervention orders. Once the court receives a petition, judges must follow their state law that explains what criteria a judge must or could consider.
In most states, final orders can last up to a year, though they can be extended. Once the order is issued, the individual must surrender their firearms. For example,says that individuals can either sell their firearms to a federally licensed dealer or arrange for storage by a law enforcement agency. If the individual owns an antique firearm, it can be transferred to an eligible relative who doesn’t live with them.
It is possible for someone who is undergoing the red flag law to separately face a criminal charge. But in many situations there is no parallel criminal case.
FACT CHECK: Red flag laws are not effective at all, and are also uncontitutional. 99.9% of the time guns are confiscated from someone who would not have committed a crime. Police do not have resources to do this, and it takes resources away from fighting real crimes 🤡🤡🤡🤡🤡