Collins, King Support Bipartisan “Red Flag” Bill
WASHINGTON, D.C. – Today, U.S. Senators Susan Collins (R-Maine) and Angus King (I-Maine) announced their support for the Extreme Risk Protection Order and Violence Prevention Act. The legislation encourages states to give law enforcement the authority to prevent individuals who pose a threat to themselves or others from purchasing or possessing firearms, while still providing due process protections.
“As a nation, we must examine the common thread that connects many acts of gun violence: untreated or under-treated serious mental illness,” said Senator Collins. “Our legislation would help to provide a way for family members and law enforcement officers to temporarily prevent people who pose a danger to themselves and others from purchasing or possessing firearms. Several states already have ‘red flag’ laws, which enhance gun safety while retaining important due process protections and preserving the Second Amendment rights of law-abiding citizens.”
“Too many communities across our nation have been gripped by the pain and trauma of mass shootings,” said Senator King. “Many of these mass shootings were perpetrated by killers who displayed warning signs of emotional or mental distress, and were still able to purchase a gun. That is simply unacceptable. We need to pursue proactive approaches to save lives, while still protecting the Second Amendment rights of law-abiding gun-owners – and that starts with trying to intervene early with those who have shown the potential to harm themselves or others.”
Specifically, the bill would create an Extreme Risk Protection Order Grant Program at the Department of Justice to help states fund the implementation of qualifying “red flag” laws. In order to qualify for the funding through the program, the state’s law must:
- Provide a process where a law enforcement officer or family member of an individual can petition for an Extreme Risk Protection Order, which the court can grant it finds clear and convincing evidence that the individual poses a significant danger of causing personal injury to himself or herself or others by possessing or purchasing a firearm.
- Limit the duration of these orders to a maximum of 12 months, although they may be renewed upon a showing of clear and convincing evidence it remains warranted.
- Give the respondent the right to request a hearing to vacate an order or renewal.
- Provide a process where a Temporary Ex Parte Extreme Risk Protection Order can be issued if a court finds probable cause to believe that an individual poses a significant danger of causing personal injury to himself or herself or others in the near future by possessing or purchasing a firearm.
- Establish a felony criminal offense for individuals who knowingly make a false statement relating to an Extreme Risk Protection Order regarding a material matter.
- Require clear processes and instructions for the surrender of a respondent’s firearms should an Extreme Risk Protection Order be issued, as well as clear processes and instructions for the swift return of such firearms upon expiration or successful motion to vacate an order.
- Require that an issuance of an Extreme Risk Protection Order be reported to the appropriate federal, state, and tribal databases.
