{"id":106161,"date":"2019-02-14T11:02:31","date_gmt":"2019-02-14T16:02:31","guid":{"rendered":"https:\/\/www.gunsamerica.com\/digest\/?p=106161"},"modified":"2019-02-14T11:02:31","modified_gmt":"2023-09-05T19:29:44","slug":"court-ordered-gun-seizures-spike-nationally-under-red-flag-laws","status":"publish","type":"post","link":"https:\/\/gunsamerica.com\/digest\/court-ordered-gun-seizures-spike-nationally-under-red-flag-laws\/","title":{"rendered":"Court-Ordered Gun Seizures Spike Nationally Under Red Flag Laws"},"content":{"rendered":"
\"Court-Ordered<\/a>

(Photo: NRA-ILA)<\/p><\/div>\n

In Washington, the courts have ordered the seizure of 27 guns from 16 individuals since last July under the states new Extreme Risk Protection Order law.<\/p>\n

Under the law, a family member, roommate or the police can file a petition with the court.\u00a0 If a judge decides a person is a danger to himself or others, he can order police to seize the person’s guns immediately and hold them for one year.\u00a0 The person from whom the guns are seized does not get a chance to introduce evidence or argument against the seizure until as long as two weeks after the guns have been taken.<\/p>\n

What is enough evidence to seize a person’s guns?\u00a0 In the case of Alexander Mckenzie<\/a>, a 31-year-old Army veteran being treated for post-traumatic stress disorder, it was enough that he had been acting strangely and glaring at customers in a pizza restaurant while lawfully carrying his handgun.<\/p>\n

These types of laws, known as “red flag” laws, are being pushed by gun control groups across the United States.\u00a0 The first red flag law was passed in Connecticut in 1999.\u00a0 By 2017, five states had the laws on the books.\u00a0 Then, with the advent of the school shooting in Parkland, Florida in 2018, the number more than doubled.<\/p>\n

Currently, Connecticut, Indiana, California, Washington, Oregon, Florida, Vermont, Maryland, Rhode Island, New Jersey, Delaware, Massachusetts, Illinois and Washington, D.C. have enacted red flag laws.\u00a0 The Brady Campaign<\/a> indicates that at least 30 states are considering them.<\/p>\n

The Associated Press estimates that 1,700 orders allowing gun seizures were issued nationally in 2018.\u00a0 The actual number is likely much higher since the data compiled did not include gun seizures in California.\u00a0 With more states looking to adopt red flag laws, the number of confiscations will continue to spike.\u00a0 Gun confiscation is going mainstream.<\/p>\n

Proponents of the laws say that they have growing bipartisan support.<\/p>\n

SEE ALSO:\u00a0The Universal Phobia: Being Afraid To Kill Despite Training, Bearing Arms<\/a><\/h2>\n

“I think we’re seeing a building consensus in blue states and red states that this is a good way to balance public safety against people’s Second Amendment rights,” said Jaron Lindbaum of Washington Ceasefire.<\/p>\n

Even the NRA has had some good things to say about the idea behind the laws.<\/p>\n

“This can help prevent violent behavior before it turns into a tragedy,” said Chris Cox, the executive director of the NRA’s Institute for Legislative Action.<\/p>\n

However, the NRA has fought against red flag laws in several states claiming that it is anti-gun and has the potential for abuse.\u00a0 The NRA’s biggest objection?\u00a0 The laws do not provide enough due process.<\/p>\n

The NRA has identified what it says are the requirements for due process under red flag legislation.\u00a0 They are:<\/p>\n