Thursday, June 9, 2022

House Passes Red Flag Gun Legislation


The House passed a Bill on Thursday, to Nationalize “red flag” Laws, which seek to keep Guns away from Individuals deemed a Threat to themselves and others. The Legislation, dubbed the Federal Extreme Risk Protection Order, passed in a 224-202 vote.

The Red Flag Bill would authorize Family Members and Law Enforcement Officers, to petition U.S. District Courts to issue Federal Extreme Protection orders that would temporarily prohibit Individuals from Purchasing or Possessing Firearms. Red Flag Laws already exist in 19 States and the District of Columbia

The Orders can either be Short-Term, lasting for a maximum of 14 days, and issued without a Hearing, or Long-Term, remaining in Existence for 180 days and require a Hearing to be issued.

Petitioners must provide evidence that the Individual of concern poses an Imminent Risk to themselves or others by Purchasing, Possessing or receiving Firearms or Ammunition. For long-term Orders, Petitioners must prove that the Subject of the Measure poses an Injury Risk to themselves or others through Buying, Possessing, or receiving a Firearm or Ammunition.

If the Court determines that an Extreme Risk Protection order is necessary, Individuals subject to the Measure must Surrender their Firearms and Ammunition, and are barred from Purchasing or Possessing Firearms during the Duration of the Order.

The Bill also allocates Grant Funding to States in an effort to bolster Implementation of State Extreme Risk Laws that are already on the books, and to urge more States to enact such Measures. Additionally, the Legislation requires that Law Enforcement is Trained to Safely, impartially and effectively, use extreme Risk Protection Orders.










NYC Wins When Everyone Can Vote! Michael H. Drucker


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