explained | What are ‘red flag’ gun laws?

the story So Far: An 18-year-old gunman opened fire on a grocery store in Buffalo, New York on May 14, killing 10 people and injuring three others in what is being called a racially motivated act of domestic terrorism. Of the 13 people shot by accused Peyton Gendron, 11 were black.

According to news reports, the accused was charged with first-degree murder by a grand jury on May 18.

While US law agencies continue to investigate suspected hate crimes, New York’s ‘red flag’ gun law, a restrictive The law prohibiting dangerous persons from possessing firearms has found itself at the center of many debates. Many argue that the law did not keep Mr Gendron away from guns, given that he made comments about the mass shooting at his high school last year.

What are ‘Red Flag’ laws?

The Extreme Risk Protection Order (ERPO) law, commonly referred to as the ‘Red Flag’ law in the US, is aimed at gun control. Under such law, a court may identify a person as at risk of causing violence to himself or others by accessing firearms for a temporary period.

The police will remove guns from the possession of those considered dangerous and they will also be banned from buying new weapons for a certain period. The time period for which a person will be barred from possessing a firearm varies from state to state and typically lasts one year.

According to Johns Hopkins University, 19 states and the District of Columbia have enacted some form of red flag law. Connecticut, in 1999, became the first state to pass an ERPO law.

In June 2021, the US Department of Justice provided a model law for states to implement Red Flag laws.

This rule allows the petitioner – law enforcement officers in some states, family members or even school officials to apply for ERPO against people at risk of harm. The petitioners are expected to fill up the application form and attach supporting documents to their claim, after which the court will hear the matter. The order comes without any criminal charges; Its purpose is only to prevent people suspected of violent behavior from having access to guns.

How does New York’s ‘Red Flag Law’ work?

New York’s Red Flag law went into effect in August 2019 and allows school officials such as police officers, district attorneys, family or close relatives of gun owners, teachers, guidance counselors, nurses and coaches to be petitioners.

According to New York Red Flag law, once a petitioner applies for ERPO, the judge will decide whether a provisional order needs to be issued on the same day. If ordered on the same day, the police shall confiscate all weapons from the respondent. Thereafter, a hearing will be scheduled within the next three to ten days to decide on the final ERPO, which will be for one year. If no final ERPO is issued by the court, the matter is considered closed.

The petitioner can come back to the court 60 days before the expiry of the ERPO and seek renewal of the order. However, if the ERPO expires and is not renewed, defendants can apply to have their guns returned.

According to the New York Times report, since 2019, when the law went into effect in New York, 589 such orders have been issued by judges in the state, data from the State Office of Court Administration showed.

debate now

Much of the debate about red-flag laws following the Buffalo shooting came when laws failed to prevent gunmen from accessing a gun after they spoke of violence last year.

In his high school project, Gendron asked whether he wanted to commit a “murder-suicide,” according to a law enforcement officer. While Gendron later clarified that he was joking, a vice-principal had reported the remarks and Gendron was taken for a mental health evaluation and released a few days later, the report also showed. went. However, the police declined to comment on the details of the assessment.

To strengthen the state’s red flag laws after the shootings, New York Governor Cathy Hochul signed an executive order on May 18 that requires state police to file ERPOs if they have probable cause to believe that a person may cause harm to himself or others. The order also said that the state police should ensure that its personnel are trained and given instructions on how to register such orders.

In addition, the governor also asked State Attorney General Letitia James to investigate social media platforms that were used to broadcast the Buffalo shooting. “The investigation will investigate the social media companies and other online resources the shooter used to discuss and elucidate their intentions and acts to carry out this attack,” James’ office said.

So did the law fail?

Whether a red flag order last year would have stopped the deadly shooting in Buffalo is debatable; However, many have wondered why the police did not follow orders against Gendron. According to the Times, state police gave no reason for his inaction, saying only that Gendron did not name a specific murder target.

Two politicians who sponsored New York’s Red Flag law insisted that the threat issued by Gendron to his high school last year be investigated and said it was necessary to spread public awareness of the law’s existence.

Senator Brian Kavanaugh, who sponsored the bill in the state Senate, said an investigation was needed “to find out what the evidence was in particular last June and whether there was a conscious decision about whether a red flag order.” was appropriate,” media organization City & State New York reported.

State Assembly member Joe Anne Simon said more public awareness of the law was needed. “There was a complaint that he threatened violence in high school last year, so law enforcement should have applied for an excessive (risk) protection order because he clearly showed intent to commit violence to himself or others, ‘ she reportedly said. “I can’t tell you how many people I’ve seen on Twitter saying ‘this doesn’t work.’ It is not working unless people know how to use it,” she adds.