Following the announcement that a bipartisan group of senators had agreed on a framework for reforming some gun laws, which includes extreme risk protection orders or so-called “red flag laws,” right-wing media insisted the gun safety provisions would be the end of due process in the United States.
After repeated pleas for Congress to take action to curb the violence following the devastating mass shootings in Buffalo, New York, and Uvalde, Texas, a bipartisan group of senators agreed to a preliminary framework for a package of gun safety laws. Though the text has yet to be written, this would be the first federal gun legislation adopted in nearly 30 years if passed. On June 12, 10 Republican and 10 Democratic senators agreed to a framework that includes, among other measures, financially incentivizing individual states to pass extreme risk protection orders, commonly referred to as red flag laws.
Extreme risk protection orders allow law enforcement to temporarily confiscate firearms from a person deemed a danger to themselves or others. While it depends on the state, only certain people — typically only immediate family members and law enforcement — can petition the court for an extreme risk protection order, and the evidence presented has to reach the required legal stand of proof before a judge will grant the order. In the case of an ex parte order issued in urgent scenarios without the recipient’s knowledge, the firearms are returned after a formal hearing if the petitioners can’t make the case that the order should be extended.
Immediately after the deal over just the framework was announced, right-wing media set their hair on fire over the mere suggestion that states implement extreme risk protection orders: