What is the constitutionality of so-called "Red Flag" laws in the United States?
After the mass shootings in Texas and Ohio, the debate on gun control policy has once again resurfaced in the public purview.
In Ohio, Gov. Mike DeWine has pushed for the passage of a so-called "Red Flag" law. These are "state laws that authorize courts to issue a special type of protection order, allowing the police to temporarily confiscate firearms from people who are deemed by a judge to be a danger to themselves or to others." An example of a state with a current Red Flag law is Oregon:
>Oregon’s Red Flag law requires a fairly simple process. The first step is for a concerned family member, household member, or law enforcement officer to ask the court for an Extreme Risk Protection Order (ERPO), which will remove a weapon, or a concealed handgun license, from an individual who is at risk for suicide or is a danger to others. An Order also prevents the person from buying additional guns for a one year period. The law is nicknamed “Red Flag Law” for when a person exhibits a ‘red flag’ or other indicator that they may be a harm to themselves, or others. It is one of the few tools that family and household members have to quickly remove a weapon from somebody who is at risk.
Other states include Florida and Maryland. However, there has been some issues raised regarding these laws.
How do these laws interact with the Constitutional right to bear arms and to avail of due process?
(This topic was orignially submitted by u/Young_Dweezy.)
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