Congress may back ‘red flag’ proposal
WASHINGTON — Despite frequent mass shootings, Congress has proved to be unable to pass substantial gun violence legislation, largely because of resistance from Republicans.
But a bipartisan proposal by Sens. Lindsey Graham, RS.C., and Richard Blumenthal, DConn., is gaining momentum following weekend mass shootings in Texas and Ohio that left 31 people dead. The emerging plan would create a federal grant program to encourage states to adopt “red flag” laws to take guns away from people believed to be dangers to themselves or others.
A similar bill never came up for a vote in the GOPcontrolled Senate last year, but both parties express hope that this year will be different. President Trump has signaled support for the plan.
“We must make sure that those judged to pose a grave risk to public safety do not have access to firearms and that if they do those firearms can be taken through rapid due process,” Trump said in a White House speech on Monday.
Many mass shootings “involved individuals who showed signs of violent behavior that are either ignored or not followed up on,” said Graham, chairman of the powerful Senate Judiciary Committee. “State red flag laws will provide the tools for law enforcement to do something about many of these situations before it’s too late.”
In an interview Tuesday, Blumenthal said there’s “a growing wave of support on both sides of the aisle” for the redflag plan — more momentum in fact “than any other gun violence plan” being debated in Congress, including a proposal Blumenthal supports to require universal background checks for gun purchases.
Red flag laws have been adopted by at least 17 states and the District of Columbia, including a law set to take effect Aug. 24 in New York. Most of the laws have been approved since the February 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland, Fla.
In general, red flag or “extreme risk protection order” laws allow courts to issue temporary orders barring someone from possessing guns based on some showing of imminent danger or a risk of misuse.
State laws vary, but most stipulate that only specific people — usually family or household members — may petition a court for an extreme risk protection order. In some cases, a preliminary order may be granted without prior notice to the person who is the subject of the order.
Such an order typically is brief, ranging from a few days to about three weeks. Once the person who is alleged to pose a risk of gun violence has been given an opportunity to respond, a more permanent order may be granted, typically for up to a year.