Federal Legislation

Red Flag Law?

16 August 2019

Red flag laws, also called extreme risk protection orders, are a form of temporary gun confiscation that allows concerned parties to petition a judge to order the removal of a firearm from a person who, the petitioner believes, will misuse it.

In addition to Washington, D.C., here are the states that have permitted some form of extreme risk protection order: California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Indiana, Maryland, Massachusetts, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont and Washington. The laws in some of these states don't go into effect for a few months.

What in the world could go wrong?

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Gun Control Act

The Federal Gun Control Act of 1968 and the Federal Omnibus Consolidated Appropriations Act of 1997 makes it illegal for a person who fits into any of the following categories to receive or possess a firearm. These laws prevent the State from issuing a Pistol Permit because it would be illegal for people who fit in these categories, by Federal law, to own or possess a gun.

  • Fugitives from justice
  • Persons who are unlawful users of or are addicted to narcotics or any other controlled substances
  • Persons adjudicated as a mental defective or who have been committed to a mental institution
  • Persons who have been convicted in any court of a crime punishable by imprisonment for a term exceeding one (1) year
  • Persons who are under indictment for a crime punishable by imprisonment for a term exceeding one (1) year
  • Military veterans discharged under dishonorable conditions
  • Persons who have renounced U.S. citizenship
  • Aliens illegally in the U.S.
  • Persons subject to a court order that restrains them from harassing, stalking, or threatening an intimate partner or child of such intimate partner
  • And persons convicted in any court of a misdemeanor crime of domestic violence

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