Janet Mills
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Following a mass shooting in Maine in October 2023 where 18 people were killed, Governor Janet Mills is pushing legislation to expand the state’s red flag law to make it easier for law enforcement to confiscate guns.
Yellow flag law
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Maine already has a yellow flag law allowing police to secure a judge’s order to take firearms from those deemed a threat.
Mental state
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The shooter’s family had alerted police months earlier due to concerns about his mental state and access to guns, but police did not act under the existing law.
Remove weapons
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Gov. Mills now wants changes to allow police to take gun owners into custody based on a third party report alone and then search their property to remove weapons.
Biden administration
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Her efforts come amid questions about why police did not confiscate the shooter’s guns after the family report. The Biden administration’s Department of Justice (DOJ) is gearing up to introduce a nationwide “red flag” initiative, a move that has sparked both support and controversy across the political spectrum. This initiative aims to enable states to enact laws that would allow courts to temporarily confiscate firearms from individuals deemed to be a threat to themselves or others.
Red flag
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The “red flag” laws, also known as extreme risk protection orders, permit family members, law enforcement, or other individuals to petition a state court to order the temporary removal of firearms from a person who may present a danger. These laws are designed to prevent individuals in crisis from causing harm to themselves or others by possessing firearms.
Support
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The Biden administration has voiced its support for the implementation of “red flag” laws as part of its broader strategy to address gun violence in the United States. President Biden has emphasized the need to take proactive measures to prevent gun-related tragedies and has called for the expansion of background checks and the enactment of “red flag” laws to achieve this goal.
Online tool
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“The online tool offers links to the 21 states and Washington, D.C., that have “red flag” laws on the books,” the WJ reported. The DOJ partnered with the Johns Hopkins Center for Gun Violence Solutions to create the National Extreme Risk Protection Order Resource Center. The center “will provide training and technical assistance to law enforcement officials, prosecutors, attorneys, judges, clinicians, victim service and social service providers, community organizations, and behavioral health professionals responsible for implementing laws designed to keep guns out of the hands of people who pose a threat to themselves or others,” the DOJ said in a news release.
Violence
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While proponents of the initiative argue that it can help prevent potential acts of violence and save lives, critics have raised concerns about due process and the potential for misuse of such laws.
Second Amendment
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Some opponents argue that “red flag” laws could infringe upon individuals’ Second Amendment rights and that the criteria for determining an individual’s risk level may be subjective and open to interpretation.
Several states
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Prior to the federal initiative, several states had already enacted their own “red flag” laws, each with its own set of procedures and criteria for implementing such measures.
Nationwide initiative
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The DOJ’s planned nationwide initiative seeks to encourage more states to adopt and standardize these laws, providing a framework for consistency and cooperation across state lines.
Gun owners
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The implementation of “red flag” laws could have significant implications for gun owners and public safety. Proponents believe that these measures can help prevent tragedies by temporarily removing firearms from individuals in crisis, giving them the opportunity to receive the help and support they need.
Critics
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Critics, however, express concerns about the potential for abuse and the need to ensure that individuals’ rights are protected throughout the process.
Profound impact
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The nationwide “red flag” initiative proposed by the Biden DOJ has stirred considerable debate and is poised to have a profound impact on the landscape of gun regulation in the United States.
Balance
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As the initiative progresses, it will be essential to carefully consider the balance between public safety and individual rights, ensuring that any implementation of “red flag” laws is conducted with the utmost care and regard for due process.
