EDITORS NOTE: We have updated the NSSF entry to better reflect their stance. NSSF opposes Red Flag laws with ex parte orders. We can not know if the Red Flag laws that will be introduced in the Senate will include ex-parte orders.
WASHINGTON, D.C. –(Ammoland.com)- One proposed gun control that has support on both sides of the issue is extreme risk protection orders (ERPO), better known as “red flag” laws.
Red flag laws allow a gun owner’s firearms to be stripped from them by police if they are reported to be a danger to themselves or others. In most cases, the gun owner isn’t aware that an ERPO has been taken out until police show up to execute the order. The gun owner then must prove that they are not a danger to anyone to get their property back. They must hire a lawyer at their own expense, meaning that poverty-stricken gun owners are less likely to fight an ERPO.
Many in the firearms community believe that red flag laws not only violate a person’s Second Amendment rights, but it also violates the gun owner’s Fourth and Fifth Amendment rights. Many claim that ERPOs violate the right to due process and flips the burden of proof to the gun owner.
Since this gun control measure is the most likely to pass in Congress, AmmoLand News has decided to look at gun rights advocacy and industry groups’’ opinions on red flag laws. AmmoLand News has reached out to various national groups to gauge where the gun world falls into the red flag debate. It is essential to understand where these groups stand.
Neutral:
National Shooting Sports Foundation (NSSF)
NSSF is a powerhouse in the gun industry. It is the largest industry trade group for firearms. A vast majority of gun manufacturers are members of the NSSF. AmmoLand News’ Authors and Editors are members of NSSF. NSSF puts on SHOT Show every year in Las Vegas, the largest firearms industry event.
National Shooting Sports Foundation issued a statement to AmmoLand News saying that the organization does not oppose red flag laws if due process is included. The organization noted that it had serious concerns about ex parte orders. An ex parte order is where one side (in this case, the gun owner) is not present for the hearing. It is questionable that the Senate will introduce the type of law that NSSF is talking about that include those protections.
“NSSF has never opposed extreme risk protection orders or so-called ‘red flag’ laws, so long as those laws take into consideration Constitutional Due Process rights,” Mark Oliva, Managing Director, Public Affairs, told AmmoLand News. “We have always expressed serious concerns with ex parte orders. Unfortunately, these laws are ripe for potential abuse, and anyone subject to these orders must have the right to confront evidence and witnesses in front of a judge.”
Oppose:
Gun Owners of America (GOA)
GOA strongly opposes any type of red flag law. The gun-rights group is known for vigorously opposing all gun control laws and has worked to derail attempts by Congress to pass gun control measures in the past.
“So-called ‘red flag’ laws are gun confiscations, and there is no amount of due process that can reconcile them with the Constitution,” Aidan Johnston, Director of Federal Affairs, told AmmoLand News. “GOA opposes all ‘red flag’ laws no matter what fake ‘due process’ is included.”
Firearms Policy Coalition (FPC)
FPC is another group that has strongly opposed gun control measures on the state and federal levels. The group has worked to sue over gun laws across the country. Several cases are working their way through the federal court system.
“FPC has always opposed so-called ‘red flag’ laws, sometimes characterized as ‘extreme risk protection order’ or ‘gun violence restraining order’ laws,” the group said in a released statement. “On practical, policy, and Constitutional grounds.”
Second Amendment Foundation (SAF)
SAF is another large gun rights group. SAF is one of the largest and well-funded pro-gun organizations in the country. SAF has been instrumental in challenging and defeating unconstitutional laws around the country.
“We all want to keep any kind of weapon out of the hands of anyone who is a danger to themselves or others,” Alan Gottlieb, the founder of SAF, told AmmoLand News. “But these so-called Red Flag laws do not afford due process protections that are critical to protect fundamental enumerated constitutional rights.”
Second Amendment Organization (2AO)
2AO is a non-profit gun rights group that focuses on education. The group has opposed various gun control measures in the past.
“We already have legal tools to address situations involving people who are threats (protective orders) and people who need mental health evaluations (involuntary commitments),” Rob Pincus, Executive Vice President, told AmmoLand News. “Red Flag Laws are disingenuous, thinly veiled, Gun Control because they create a mechanism to take someone’s firearms, but they do not involve mental health care professionals to diagnose or treat any real problem.”
Hold My Guns (HMG)
HMG is a non-profit that arranges safe firearms storage for a gun owner in crisis. The organization believes that solutions to suicides involving firearms can be solved without government intervention.
“To paraphrase John Adams, if we do not have due process, we are the same as cattle,” Sarah Albrecht, Founder and Executive Director told AmmoLand News. “Red flag laws are without due process. We vehemently oppose Red Flag laws and caution that anti-gun groups are trying to change the definition of due process. We want to remind everyone that a right delayed is a right denied.”
National Association for Gun Rights (NAGR)
NAGR is a controversial gun group that opposes any type of gun legislation.
“We are opposed to any and all so-called ‘Red Flag’ gun confiscation laws — whether at the state level or federal level,” said Chris Stone, Director of Communications. “All ‘Red Flag’ gun confiscation laws infringe on your due process and Second Amendment rights. We’ve written extensively about how dangerous these laws are and why we oppose them.”
National Rifle Association (NRA)
The NRA is the oldest gun lobbying group in the country. The NRA once released a video with the former head of the NRA-ILA, Chris Cox, implying the organization supported red flag laws. That stance has seemed to have changed. Although the group did not give AmmoLand News a direct comment, the group did tell Axios that red flag laws are a “non-starter.” The NRA also pointed AmmoLand News to a released statement on the NRA-ILA website stating that the group opposes red flag laws.
“The NRA will fight any attempt to treat the Second Amendment as a second-class, disfavored right,” The statement read. “This includes gun control disguised as so-called ‘red flag’ legislation, which empowers judges to nullify Second Amendment rights with the stroke of a pen and flies in the face of due process, the presumption of innocence, and fundamental fairness.”
Firearms Regulatory Accountability Coalition, Inc. (FRAC)
FRAC is another industry group much like NSSF. FRAC was started to fight back against ATF overreach. It is no surprise that FRAC is against red flag laws.
“FRAC’s core mission is to fight back against the ATF’s long history of regulatory abuse,” Travis White, CEO told AmmoLand. “As such, FRAC would be staunchly opposed to any bill that gives the government additional authority to unilaterally dictate terms to lawful gun owners without due process of law.”
The anti-gun publications claim that the gun rights community is split on the topic of red flag laws. After talking to most groups in the gun rights world, it seems like almost everyone is on the same page. We also believe that most gun owners oppose red flag laws. AmmoLand News encourages all readers to contact their Senators to tell them that you oppose any law that violates our Constitutional rights.
List of all Congressional phone numbers.
About John Crump
John is a NRA instructor and a constitutional activist. 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 can be followed on Twitter at @crumpyss, or at www.crumpy.com.
Who gets to decide who and what is a “danger”?
Well a judge typically, and MANY of these are denied. It’s just a bad idea to allow ratting our your neighbors, friends, and family regarding things *you* deem unsettling. This is still a free country..at least for a little while longer.
It’s also a bad idea to let a judge alone decide on anything but an emergency basis, without recourse to speedy and fair trial by jury.
Relax! It won’t be too long before we get the real scoop on ‘those’ still held in solitary in DC for a year and a half. Where are their rights to a speedy trial? I suppose they will say that this effort saved our Nation from an immediate invasion by body snatchers.
Relax while US citizens are denied core human rights? 1A-5A-6A-8A-9A-14A, political prisoners tortured for years, no bail or fair trial?
The Truth About January 6th Documentary
https://rumble.com/v17h6qx-the-truth-of-january-6th.html
P.S. I’m guessing you were being “/SARC”.
You are right, I was…..
Up to yesterday the only real shots and videos I saw were Tucker’s on Fox Nation and a bunch of crap from the false media. I knew how bad it was from the first, but this video showed a lot more of the brutality inflicted by the Palace Guards. I believe that Piglosi, Schumer, the FBI and the Mayor set a trap for the peaceful protesters and thereby broke the law. They are the ones who should be in jail awaiting trial, no bail and no court date. They should all be tried for conspiracy and if found guilty should… Read more »
Amen, brother.
Thanks! Very interesting.I am still digesting it.
Here is an example of what the nssf want to allow the government to harm Citizens over. Did you know that being punctual can be sign of ocd, instead of good manners. That could red flag you, since OCD is a mental disorder. Here will be the cherry on the cake for the conservatives and liberals to harm us armed Citizens with red flag laws. What is the most important question that needs to be answered before a person begins carrying a gun for self defense? If that armed Citizen is prepared to take another’s life. The government will say… Read more »
Here is the kicker, and why nssf is just as bad as moms demand action.
What is the most important question that a person needs to answer before carrying a gun for self defense? That is if they are able to take another persons life. The government will say that is antisocial behavior and red flag us armed Citizens.
Street – THAT is the single biggest ‘problem’ – well along with NO due process, with red flag laws – especially so it they are at the national level. There is far too much wiggle room allowed for those that can issue them. IOW there is no consistent legal/medical basis for that issuance. Can you imagine how much potential abuse would arise should the feds get involved?
Nothing proposed, bans, confiscations, age, ‘universal’, etc , would have stopped either Parkland or Uvalde, and others. What caused these tragedy’s, is this; ALL the warning signs and precursors were well known in the family and community of both shooters’ LEO was well aware of them, EVERYONE knew something. NO ONE bothered to act on it. THAts what caused these, and others like it; Human Error, and Complacency. The Laws currently on the books would have prevented it if only the people responsible would have taken the initiative. I am sorry, but it really is just that simple. We don’t… Read more »
There are now so many rules laws regulations by those elected that have so far proven that a evil person with the intent, is not stopped by any of the above. The criminal justice system is what should be under attack by every American. The release of dangerous criminals by liberal politicians , judges calls from the democratic party to reduce sentences. Those that have been charged with the worst crimes against the law abiding public are turned lose daily. The influx of illegals that now wander the streets of America at the taxpayers expense. Our own government is guilty… Read more »
What judge is going to risk being wrong when it doesn’t costs him anything to err on the side of “just in case”? Due process is out and the accused will always be guilty. California already has a false accusation law on the books, but the damage is already done.
red flag laws amount about to the #metoo movement for firearm owners.. complete horse s*hit
NSSF and NRA are the apparent losers, total fudds. They clearly won’t “go to the mattresses” to stop the gun grabbers!
No, no! LaPew goes to the mattress…but he bites down.
Hard.
The left are now flat earthers no longer capable of reason . Law and order is what the left fears it means all that they cherish there socialist dreams world clearly end or be removed.
When the left, riots , burns destroys , assaults others, they are like angry children that the democrats are afraid to punish.
When the liberal lawyers and district attorneys and the judges all appointed fail to follow the law that is where Americans should be screaming from the rooftops calling for their resignations.
NSSF has always ready to preemptively surrender & betray 2A whenever convenient. On these pages they’ve referred to ATF & FBI as “our federal partners.”
Bill Ruger is the father of Assault Weapon & magazine bans, fully supported by his right hand man Sanetti who went over to run NSSF a while back.
Well, this is a lot of talk. So what do I do when they point their guns at me? I know they are unconstitutional on many fronts. Do I submit? If I submit and fall under an unconstitutional judge then they will put me in jail – probably until I am too old to move. Do I tell them they are violating their oath to office and offer them the opportunity to let the judicial system work as originally designed? Do I wait for them to fire the first shot? Do I tell them I am going to defend myself… Read more »
How could you be Neutral and be a #2A advocate, hell, a Bill Of Rights advocate?
And since when is the NRA opposed?
They supported it under Trump and Obama.
The NSSF had banners at SHOT several years ago supporting the nomination of William Barr for AG. This is the man who defended the murderers involved in Ruby Ridge and Waco and said he would make red flag enforcement a priority. NSSF also supported the unconstitutional arms legislation enacted by Trump and other Republicans in the Consolidated Appropriations Act of 2018 known as FixNICS. It should come as no surprise that they support red flag laws. Let’s be honest, their refusal to oppose them absolutely does indicate support. They’re far from “neutral”. For those suffering from cognitive dissonance or those… Read more »
Cox may have been set up, but he was in on 2A betrayals if not the grift too. He’s no snow white. Looked at the time like he was part of an attempted coup that lost. Was he on the North side? Some folks think North is snow white, but he was taking $1m/year laundered through Ak-Mc, while NRA’s president, supposedly an unpaid position. Dirty pool all around.
John/AL: Thx for the ph# link. Local off #s & addrs can multiply efforts. They usually don’t ask res. Head it off with name, town you identify as living in. Maybe their town, addr if asked. Sometimes they ask for a zip. Today I was asked for an email for reply. If they think we’re lying, they know we’re motivated. Or say where you really live. Most take non-res calls as we can donate for or against them. Folks in lost states can help, not blow time on grabbers in secure seats. Folks with solid reps can shore up others… Read more »
All good ideas.
BTW, if anyone wants to donate to a Republican who is speaking out against Lummis, they can donate to Tom James:
https://www.tomjamesforwyoming.com/contribute
If anyone wants to contribute immediately through WinRed they can click the “Contribute to my Campaign Here!” button. For those who don’t want to go through WinRed (I understand the reasons), they can mail a check to his campaign:
2630 Michigan Ct.
Green River, WY 82935
Make the check payable to:
“Tom James Political Campaign”
Tom has actually “done something” to help and he doesn’t have any big backers – he could use the cash.
Thanks. What’s the donor disclosure threshold in Wyo?
I don’t know – I assumed all donations are reported and visible, but that may not be correct.
Found it. $100 or more is itemized & publicly disclosed.
https://sos.wyo.gov/Elections/Docs/2022/2022_Campaign_Guide.pdf
I’ll do my usual $99 by mail. GOPe-WinRed takes 4%. Screw that. Candidates get 100% of checks.
Interesting – thanks for the info and thanks for donating to Tom. He’s working hard and getting a lot of push back from some of the establishment for “making waves.”
Your donation is very much appreciated!
Done! Thanks for the tip.
Great! You’re welcome.
Wyoming Senator Cynthia Lummis was interviewed by CNN and made some vague comments about rethinking her stance on some gun control issues based on a high volume of calls from Wyomingites demanding that she “do something” about firearms after the murders in Uvalde. https://www.businessinsider.com/gop-senator-uturn-gun-law-stance-after-being-flooded-calls-2022-6 She campaigned on being 100% pro firearm rights. She needs to be held to that promise: no red flag laws, no raising the age to purchase a firearm, no expansion of data used for NICS, or any other increase in restrictions to firearms. I called her office and started the conversation with my name and the… Read more »
“I called her office and started the conversation with my name and the town I live in. The staffer did not ask me any further questions about my residence.”
Excellent. My experience is they rarely ask for residence, so you just state your case. I’ve sometimes had them ask for my zip. Starting with the town is a natural way to prevent the question.
Why would anyone but an anti-gun bot downvote action information?
Thank you for your comment. The firearm rights people in Wyoming are on fire. We are contacting state legislators and asking them to put out statements opposing the comments made by Lummis. People are contacting Harriet Hageman (running against Liz Cheney) and asking her to put out a statement. For those readers of Ammoland who are disappointed at the relentless infringement of firearm rights, the reason it happens is because anti-firearms rights people are more vocal than firearms rights people. Please consider taking 5 minutes of your time and calling the office of Cynthia Lummis. She is able to be… Read more »
Called her office
Thank you very much.
Here’s a state legislator who is actually willing to take on the GOP establishment and remind them what being a Republican means. Click the link for his bio and then click the “blog” button on his website for his comment about Lummis.
https://www.tomjamesforwyoming.com/