A law has been passed in 15 states and is currently pending in another 21 states. It is called Extreme Risk Protection Order. You may know it as the “Red Flag Law.” The purpose behind this law is to prevent a person from doing harm to themselves or others by taking away their guns BEFORE THEY USE THEM. While no one is against the theory behind red flag, it is the way the law is executed that gives lawful gun owners a reason for concern.
Even though each state has a slightly different variation of the Red Flag Law, just about every state allows a family member, law enforcement, or both, to petition a judge for removal of firearms from a person who they believe to be a threat to themselves or others. The hearing to remove the firearms is done WITHOUT the presence of the accused. Some jurisdictions will then order the police, through a warrant, to confiscate all firearms of the accused.
The accused will finally have an opportunity to clear their name at a hearing later; however, this is only after all their guns have been taken. In the meantime, the accused cannot purchase or possess firearms. The due process of the accused is different from other court hearings. In most states, under Red Flag Laws, it is the accused that has the burden of proving that they are not a threat to themselves or others. The person bringing the allegation against the accused is represented by the District Attorney, yet the accused is not afforded an attorney, and must bear any cost if they want legal representation. If the accused cannot prove they are not a threat to themselves or others, their firearms will not be given back to them. After a set time, usually a year, the firearms “may” be returned to the accused, unless the court extends the protection order.
Imagine your rights to keep and bear arms taken away based on a mere allegation by someone. You have never been found mentally ill – which by itself is not a predictor of violent behavior, you have never been convicted of a crime, you may even have a permit to carry a firearm concealed. Our system of justice was not designed to work this way.
While Firearms Legal Protection understands and agrees with the need to remove firearms from people that are a threat to themselves and others, we believe the current method deprives lawful gun owners of the most basic right afforded to all Americans … due process. To protect our members from being on the wrong side of the Red Flag Law, Firearms Legal Protection is adding a new benefit to our coverage. Effective July 1, 2019 Firearms Legal Protection will now provide coverage for all members who face accusations of Extreme Risk Protection Orders (Red Flag Laws). This added benefit will be part of all membership plans, and will come at no additional cost to our members.
Firearms Legal Protection will continue to be the leader in legal protection for our members as they protect themselves and the ones they love. Thank you for being part of the Firearms Legal Protection family and for allowing us to provide you the best legal protection in the country.
*At this time this benefit is not available to residents in the States of Florida, Georgia and North Carolina