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RED flag laws are a special type of protection order that allows authorities to confiscate weapons and ammunition from individuals.
The order is issued by a court when someone is deemed a risk to themselves or to other people.
What are red flag laws?
Red flag laws, formally known as Extreme Risk Protection Orders (ERPOs), are proactive measures to prevent gun violence and advance gun control efforts.
While the specifics vary per state, red flag laws essentially permit law enforcement, family members, and sometimes doctors, teachers, and co-workers to request protection orders from the court to take away someone’s firearms for up to a year if they are considered a danger to themselves or the people around them.
Additionally, these orders prevent the concerned individuals from purchasing new weapons.
Which states have adopted red flag laws?
As of this writing, 21 states have some form of red flag law, including Washington, DC.
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Here is a list of states that currently have a red flag law in place:
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Hawaii
- Illinois
- Indiana
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Nevada
- New Jersey
- New Mexico
- New York
- Oregon
- Rhode Island
- Vermont
- Virginia
- Washington
Connecticut was notably the first-ever state to issue such legislation, passing a red flag law in 1999 after a shooting occurred at the state lottery headquarters.
It wasn’t until the 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida, that many other states made efforts to implement their own red flag laws.
Why are some states against red flag laws?
Some states are of the mind that red flag laws violate a person’s Second Amendment right to bear and keep arms.
Idaho Senator Mike Crapo noted on his website that red flag laws “abridge the rights of law-abiding citizens through the use of federal funds to help states establish gun ban/confiscation programs.”
In contrast, Texas Senator Ted Cruz expressed support for individual states enacting their own red flag laws, but he does not see the need for its implementation at the federal level.
