Extreme Risk Laws
What is the problem?
When a person is in crisis and considering harming themselves or others, family members and law enforcement are often the first people to see the warning signs. Extreme Risk laws, sometimes referred to as “Red Flag” laws, allow loved ones or law enforcement to intervene by petitioning a court for an order to temporarily prevent someone in crisis from accessing guns.
Myth & Fact
Extreme Risk laws violate due process protections guaranteed by the U.S. Constitution.
Extreme Risk laws allow a judge to temporarily remove a person’s access to guns when there is evidence that they pose a serious risk. They also provide due process protections that meet the standards set by the Supreme Court. Judges may enter an emergency short-term order after family or law enforcement gives evidence that the person poses an immediate risk to themselves or others. After notifying the person, the judge must hold a hearing within a short period of time before entering a final order. The person asking for the order must prove that the other person poses a serious risk to themselves or others. That person can challenge any evidence and make their case as to why an order should not be issued. And even orders entered after a full hearing have a limited duration, generally up to one year, and can only be extended if the court holds another hearing. Case law shows that Extreme Risk laws have and will continue to withstand due process challenges: an appeals court in Florida recently upheld Florida’s law in the face of a constitutional due process challenge.
Extreme Risk Laws
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Extreme Risk Laws Save Lives – Extreme Risk Laws By State
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Examples of How Extreme Risk Laws Save Lives
These stories illustrate the importance of Extreme Risk legislation in removing firearms from dangerous situations.Appendix
Extreme Risk Laws Save Lives
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In a recent national poll, 58% of adult respondents said they or someone they care for have experienced gun violence in their lifetime.Report
Disrupting Access: Addressing Firearm Suicide in the U.S.
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