Red Flag Gun Confiscation
Including S.7, S.506 and similar legislation NAGR’s Position: Strongly Oppose
“Red Flag” gun confiscation bills call for legally owned firearms to be forcibly confiscated from law-abiding Americans without due process, based on unsubstantiated accusations from disgruntled family members, neighbors, co-workers, and/or current or ex-romantic partners, or roommates. Sometimes branded as “Extreme Risk Protection Orders” (ERPOs) or “Gun Violence Restraining Orders,” (GVRO’s) these laws rely on the issuing of ex-parte (one-sided) orders authorizing law enforcement, including SWAT teams, to immediately seize firearms from the subject of the order without notification or right to an attorney. In other words: Gun Confiscation without due process. In the 116th Congress, S. 7, by U.S. Senator Marco Rubio, authorizes a federal grant program to fund state-level adoption of “Red Flag” gun confiscation laws. S.S06 by Senator Dianne Feinstein authorizes a grant program as well as a federally-enforceable “Red Flag” gun confiscation law. In the wake of the El Paso and Dayton attacks, Sen. Lindsey Graham and Sen. Richard Blumenthal have taken the lead on re-drafting their “Red Flag” legislation (S.2521) from the 115th Congress. Currently, 17 states and the District of Columbia have “Red Flag” laws on the books. None of these state’s laws respect due process or the presumption of innocence. Instead, the laws entirely neglect due process altogether, a true “take the guns first” form of gun confiscation. The National Association for Gun Rights expects all pro-gun members of the U.S. House and Senate to join us in opposing this type of gun confiscation.