DOJ Creates New Center to Help Local Officials Apply ‘Red Flag’ Laws Against Certain Gun Owners

Merrick Garland

The U.S. Department of Justice (DOJ) announced on Saturday the creation of a new entity to train state and local officials on procedures to apply “red flag” laws that temporarily prevent certain individuals from owning a firearm.

The National Extreme Risk Protection Order (ERPO) Resource Center is an entity created under the DOJ’s Office of Justice Programs (OJP) that will both educate and assist local officials when they initiate legal proceedings to obtain “red flag” orders that rescind an individual’s right to bear arms based on the belief that they pose a risk of harm to themselves or others, according to the DOJ’s press release. The individuals to be trained are “law enforcement officials, prosecutors, attorneys, judges, clinicians, victim service and social service providers, community organizations, and behavioral health professionals.”

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Haley Says She Doesn’t ‘Trust Government’ with ‘Red Flag Laws,’ Vows to End Gun-Free Zones

Former Ambassador to the United Nations Nikki Haley said on Sunday that she doesn’t “trust government to deal with red flag laws” during a CNN Town Hall, and called for addressing mental health and abolishing gun-free zones.

“I don’t trust government to deal with red flag laws,” Haley said in response to an audience member’s question regarding mass shootings. “I don’t trust that they won’t take them away from people who rightfully deserve to have them, because you’ve got someone else judging whether someone should have a gun or not. It is a constitutional right that people can protect and defend themselves.”

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Poll: Majority of Republicans, Independents Fear Abuse of ‘Red Flag’ Laws

The majority of Republican and Independent voters think “red flag” gun laws that allow judges to confiscate individuals’ firearms can be abused for political reasons, according to a new poll.

Convention of States Action, along with the Trafalgar Group, released polling data Wednesday that shows that 72.2% of Republicans and 52.3% of Independents “believe that ‘red flag’ gun control laws that are designed to temporarily take guns away from individuals have the potential to be abused by local authorities and government officials to disarm their political opponents and/or citizens who disagree with them.”

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Kentucky U.S. Representative Thomas Massie Blasts Red Flag Laws

U.S. Representative Thomas Massie (R-KY-04) blasted red flag laws last week during floor debate on legislation pending in the U.S. House of Representatives.

In a tweet sharing his floor speech, Massie said, “A federal red flag law would create millions of second-class citizens. It won’t stop mass shooters but will deprive millions of Americans of due process and their Second Amendment rights.”

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Gov. Ducey Suggests Reviving His ‘Red Flag’ Gun Control Bill, Arizona Citizens Defense League Responds with 53,000 Email Alerts

Politicians, including some Republicans, are calling for gun control after a recent spate of mass shootings, particularly last week’s involving a gunman who shot and killed 19 students and two teachers at an elementary school in Texas. Gov. Doug Ducey pushed for “red flag” gun control laws previously, including in 2019 after two mass shootings in Texas and Ohio, and indicated this week he may renew that effort. The Arizona Citizens’ Defense League (AZCDL) immediately sent out 53,000 email alerts.

“Politicians like Ducey are dancing in the blood of victims as opposed to saving people’s lives,” AZCDL Communications Director Charles Heller told The Arizona Sun Times. “We need to stop the psychopaths who are doing this, by taking action like implementing FASTER, which trains teachers and staff at schools to arm themselves after proper training. Ducey’s statement is a profile in cowardice, he’s acting like politicians do when they are afraid of not getting votes.”

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Commentary: Red Flag Laws and Unintended Consequences

The senseless murder of 19 children and two teachers at the Robb Elementary School in Uvalde, Texas is leading to calls for more gun control. To some, “red flag” laws, also known as Extreme Risk Protection Orders, seem like the obvious solution. These laws allow judges to seize a person’s guns without a trial, based solely on a written complaint that the person might be a danger to themselves or others. All a judge needs is “reasonable suspicion.”

“We know that we can show we can be united to protect our children,” said Sen. Joe Manchin, a famously moderate West Virginia Democrat.

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Arizona House Democrats Call for Action on Gun Measures After Uvalde Shooting

Arizona’s House Democrats called for action on specific bills they have sponsored that remain in limbo in the state legislature. 

“House Democrats called on Republican Leaders to finally show the courage to make our communities safer,” a Thursday press release said. “In the wake of the violent massacres in Buffalo, New York, and Uvalde, Texas Democrats again called for action on nearly a dozen common-sense gun violence prevention bills that have gotten a hearing this session or for the past several years.”

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