The following is a video transcript.
Red flag laws generally allow a family member or a law enforcement officer who think someone poses an immediate risk to themselves or others, to ask a judge, without the benefit of a hearing, to order the person’s guns be temporarily taken away by law enforcement. A court hearing (with the expense of hiring an attorney) will be necessary to restore the person’s Second Amendment right to possess a firearm. Red flag laws are coming soon.
OKLAHOMA AND RED FLAG LAWS
Oklahoma Representative Jason Dunnington says he co-sponsored a red flag bill during the 2019 Legislative Session, but the bill did not make it out of committee as it failed to get support in the Legislature. However, he promises to reintroduce the red flag bill in 2020. Oklahomans need to know that currently, Oklahoma does not have a specific red flag law. However, there are laws that allow law enforcement to immediately seize firearms from people who are mentally ill, intoxicated, convicted felons, minors, and other classes of people who are prohibited from possessing firearms.
FEDERAL GOVERNMENT AND RED FLAG LAWS
In August 2019, after the mass shootings in Texas and Ohio, President Donald Trump announced support of red flag laws as a remedy to dangerous, mentally unstable people having guns. As a result, Senate Bill 1081, “The Anti-Red Flag Act”, was drafted by Senator Nathan Dahm to preempt all current or future proposed red flag laws coming from Washington, D.C.
According to a local news release, “The Anti-Red Flag Act” would prevent any state or local government entity from accepting federal funds. The federal government might try and entice state agencies into implementing infringements on citizens’ constitutional rights after delivering federal grant money. Senate Bill 1081 will be available in the next legislative session, which begins in February 2020.
For more information about red flag laws and how they impact your rights, call U.S. LawShield and ask to speak to your Independent Program Attorney.