Washington, DC –-(Ammoland.com)-Â The DC City Council passed a “red flag” law on Tuesday. The council voted unanimously to allow police to seize legally owned guns from people who a secret court deems a danger to others or themselves.
A so-called “red flag” law is known as an extreme risk protection order (ERPO). A family member, neighbor, or roommate can go to the police and claim someone is a risk to themselves or others. The police will go to a judge to get an ERPO against the gun owner. This order will allow them to seize the guns by force if necessary.
Red flag laws have been a hot-button topic around the country. Anti-gun groups say these laws save lives by taking away guns from those who would be a threat to others or at risk of suicide.
Gun rights groups such as Gun Owners of America claim these laws violate the due process clause of the Constitution. GOA takes issue with the secrecy of the court proceedings. The gun owner is not in the court to defend themselves and don’t even know the proceeding is taking place.
Warrants have a 98% approval rate from judges across all states. Since the burden of proof is higher for search warrants, the courts probably approve ERPO at the same or higher rate. It is almost impossible to get statistics on the approval rate since all ERPOs are sealed unless the courts decide to unseal them.
These orders have led to deadly confrontations between the police and gun owners. Last month a Maryland man was shot and killed by police as they were trying to serve an ERPO. According to the man’s niece, her aunt took out the order due to a family disagreement. She states that her uncle was not a threat to himself or anyone else.
It can also be costly to get an ERPO overturned. Current estimate puts the price at $10,000 in legal fees to reverse one of these orders — the cost of fighting an ERPO with no guarantee of success cause most people to not fight the law.
The cost of overturning the order also disproportionally affect low-income Americans. A lot of those living in poverty have to choose between fighting against an unjust ERPO and putting food on the table. The courts set the burden of proof onto the gun owner.
The NRA has somewhat of a confusing stance on red flag laws. They support certain ERPOs but oppose other orders.
“We need to stop dangerous people before they act,” said Chris W. Cox, executive director of the NRA’s Institute for Legislative Action in a YouTube video. “So, Congress should provide funding to states to adopt risk protection orders.”
The NRA seems to contradict this sentiment below the video:
“Some have raised the issue of current ERPO laws in California, Oregon and other states, suggesting that the NRA supports those laws,” The NRA wrote. “This is false. The NRA strongly opposed these laws because they do not protect due process rights. We will continue to oppose confiscation schemes such as these.”
Before 2018 only five states had red flag laws. DC will join 13 other states that now have red flag laws. Michigan and Ohio both have red flag laws currently proceeding through their legislatures. Two Democrats plan on introducing red flag laws in Texas early next year.
About John Crump
John is a NRA instructor and a constitutional activist. He is the former CEO of Veritas Firearms, LLC and is the co-host of The Patriot News Podcast which can be found at www.blogtalkradio.com/patriotnews. John has written extensively on the patriot movement including 3%’ers, Oath Keepers, and Militias. In addition to the Patriot movement, John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and is currently working on a book on leftist deplatforming methods and can be followed on Twitter at @crumpyss, on Facebook at realjohncrump, or at www.crumpy.com.
So now, some evil, hysterical skank can go to the cops with a sob story unverified and some feminazi or homosexual . pervert judge can kill him with the fuzz. You know, the American Psychiatric Association has before it a motion to declare all Christians mentally ill. Then going to church, and Christian church only, not mosque or temple, becomes grounds to bust down a door and exterminate the occupants saying they resisted. Just like they murdered all those kids at David Koresh compound or gunned down La Voy Finicum with his hands up. Power in the hands of the… Read more »
Seriously though!! WTF
@tomcat,Colonialgirl,WildBill; The Green Watch Dog, truly has shown his colors this time, no doubts now for sure!!!!!!!
Most scary words you’ll ever hear; We are the cops, and we’re here to help!
A like same line; We are the government, and we’re hear to help!
Both FREIGHTENING, no doubt, but the only help you’ll get as a law abiding citizen, is being arrested because you are a law abiding citizen!
“..the security of a free state..”. You have NEITHER if you do not have an adequately armed populace. Anti-American communist democrats demand the communist America Hillary promised. The U.S. Constitution is the foundation for the country & states. Any laws not in 100% harmony with the Constitution are null & void. LONG PAST time for Americans to act like Americans and ignore these ‘gun control’ laws. We have tyranny in government and the yellow coward Americans say they have a job, have to drink beer & watch football, can’t be bothered to defend freedom (“But, they will never get my… Read more »
@Craig
Cowardice combined with self imposed ignorance, but they will sure love to tell you who to vote for and what groups you must give your money to.
Tomcat and Colonailgirl,
Not to disappoint you two, but I never have backed down from a boogie man. or a haggley ole woman. When one threatens another with harm, they get their constitutional right to bear arms taken away and another warm meal with his jailhouse buddies. As happened here. Last I heard, he was in a half way house. So justice was well served.
Nazi Germany revisited, oh how fast the populace forgets and how people of the US ignore the signs of history repeating itself. the day has come where people of faith, honor, and moral fiber is a thing of the past. the left, along with the left in republican skins, has shown it’s true colors and it’s goal to rule the world. just go back and remember the presidents that shouted the phrase ‘one world order’ and ‘the new world order’ both left and right! I would also like to express the kids these days pushing for communism. I think all… Read more »
I have to admit that I have not read the constitutions of the states, any of them, but I would hazard a guess that most of them follow the US Constitution fairly closely, so where is it written in any constitution that the State has the authority to prevent someone from committing suicide? According to the Declaration of Independence we are entitled to “life, liberty, and the pursuit of happiness” so if killing yourself is what it takes to make you happy, you have the right to do so. On that ground alone all “Red Flag” laws are unconstitutional.
@Robert Messmer It does not matter which state Constitutions “Follow Closely” the US Constitution. The US Constitution is the supreme law of the land and supersedes State Constitutions as follows. If you read through the Constitution(US) and the Bill of Rights, the prescribed powers of the Federal Government and the restrictions placed upon all levels of government are clearly defined. In Particular….. 1. Amendments 1 through 8 are prohibitions against infringements by Government against the people. 2. Amendment 9 states that rights not mentioned still belong to the people, not government. 3. Amendment 10 states that POWERS not designated to… Read more »
More evidence that the green watch rat cares more for the ability to snitch on his neighbor than the Constitutional Rights of that neighbor, or any American. That is the thinking of a dyed-in-the-wool socialist. Professional propagandist and part time informer.
These laws are a gun removal tactic, pure and simple. A – it’s dead easy for someone to start the process, and little to no penalty for false claims. B – the burden, and expense (as noted in the article) fall on the gun owner. C – Due process is so horribly violated it makes me sick. D – If the law is about safety, why isn’t the person put in a safe place. It’s the person that commits violence or suicide, not the gun. E – If it’s about safety, why is the person left with their car, their… Read more »
@John Dunlap Dow, Good points, I would like to make a suggestion though. These red flag statutes are only statutes, not laws. They are acts of the legislature, but if they repugnant to the Constitution, then they are not law.
Merry Christmas, patriot, and Happy Shiny New cartridges.
The District of Columbia crime rate is much higher than the national average. If I see a crazy that I determine is a risk to me or the public, then he/she gets called in. In fact I called in a person I knew that just got out of the hokey threatening another. Slept well that night too. Never followed up on what happened to him.
I think I’ll report you as a risk; You seem to think you are a GOD and can judge others and decide if they are crazy or not. WHAT a load of low life snotty trash you see when you look in a mirror.
@ Colonialgirl Good reply to the green weenie dog. He is a pure socialist from head to toe and he proves it every time he posts on this site. I would be ashamed to admit that I had turned someone in so the law can rough him up and take his property. Most times, now, I just ignore him because he wants the government to do everything for him.
@Tcat, and he wants to manipulate, from the shadows, the armed agents of “the government” to do what he can not physically do himself.
I would add. Too much of a coward to do so him/her self. To Bills comment.
Another law that says “We suspect that you are mentally ill and need treatment, but that is too expensive to address, so we are just going to take your belongings to infuriate you.”
@Vlad; It is better than trying todo away with the 2nd amendment just use this and all guns are gone!!!!!! @Mike; Easy way to get all guns!!!!!!!! No due process!!!!! @ Roy D; Been a member for 10 years and watched their internal destruction, I’m going to ride out this membership and deside about renewing my membership!! @jim; Big Brother Is Watching And Listening !!!!!!!!! Right On!!!!!!!!!
@Leadbellywolf And the Court/Police/etc will ignore this part: (4) Hearing A) IN GENERAL.—Not later than 21 days after a return is filed under paragraph (3), the court shall hold a hearing to determine whether the individual is dangerous. and this part: (7) REQUEST TO SELL FIREARM.— (A) IN GENERAL.—An individual whose firearms were retained by a law enforcement agency pursuant to an order under paragraph (4)(A)(i) may petition the court for the law enforcement agency to sell the firearm in accordance with any applicable policy of the jurisdiction in which the firearm was seized, and provide the proceeds of such… Read more »
Liberals are always organized. Maybe this is their plan: get a list of gun owners in the area, then systematically begin a campaign of calling in red flags on all of them. Most of the red-flags will be served and voila! No more guns. Simple, eh?
FIGHT BACK!!!! No more “not so simple, eh?”
This “law” is very very dangerous–also has the ability built into it to limit free speech–watch what ya say about most anything or you can be reported–think 1932 Germany. It will be instituted in every state eventually-and quickly.
MD shooting was all comes out ( family disagreement/phone call 5am move to take guns, shot and killed, all comes out relatives/ he wasn’t a threat to himself or anybody else) real truth, WHY AT 5am, did they think it was a major drug bust?????????????? Judge that issued the order and the police that were involved should all be in jail and sued along with the person or persons that made the original call !!!!!!!!!!!!! This just shows what is totally wrong with these laws without DUE PROCESS, IT TAKES TO LONG TO GET A PROPER WARRENT?????? What a crock… Read more »
The lack of penalty for knowingly making false accusations is a feature, not a bug.
Having a fued with your neighbor?
Angry at your estranged spouse?
Mad that Dad grounded you,
Call in an gun violence order.
Feel free to call one in every 6 months
Violates DUE PROCESS.
Look into H.R. 5717. It will be brought to the floor in a Democratic House. It has bipartisan support. It’s coming soon to a ( *knock* *knock* ) near you.
Key word in article “secret” court action. With no consequences for those wanting the order if filed as an act of revenge or other nonsense cause, every anti–gun zealot will have police at every gun owners door.
So it begins, the government takes our guns.
to be expected from d-rat d-suckers