Red-flag laws are often adopted after tragedies. Florida did so after the 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland that killed 17 students. Law enforcement officials h…
Less than a year before he was accused of opening fire and killing 10 people in a racist attack at a Buffalo, New York, grocery store, 18-year-old Payton Gendron was investigated for making a threatening statement at his high school.
The revelations are raising new questions about why the law wasn’t invoked and how the effectiveness of “red flag laws” passed in 19 states and the District of Columbia can differ based on how they’re implemented.Typically, red-flag laws, also known as extreme risk protection orders, are intended to temporarily remove guns from people with potentially violent behavior, usually up to a year.
“This is actually one of the very few policies we have available where it actually builds on this vanishingly small point of common ground between public health people who want to stop gun violence and gun owners and the gun industry,” said Jeffrey Swanson, a professor in psychiatry at Duke University who researches gun violence.
The online description, crafted before the Buffalo shooting, expresses optimism about the law’s impact, saying it would both safeguard gun rights “while ensuring that tragedies, like the school shooting in Parkland, Florida, are not repeated.”Someone seeking an order files a simple, two-page application with the primary county court. It’s considered a civil case, with no criminal charge or penalties involved.
Legislators in New York and elsewhere were aware of the potential legal pitfalls and drafted laws in such a way to avoid constitutional challenges, said Eric Ruben, a fellow at the Brennan Center for Justice who also teaches law at SMU Dedman School of Law in Dallas.
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