Major U.S. & Texas LawShield Announcement: Red Flag Laws

The following is a video transcript.

Hi. My name is Randy Macchi and I’m the Chief Operating Officer and General Counsel for U.S. & Texas LawShield. Now I’m sure you’ve heard a lot about red flag laws lately, in the news and on social media. Today, I want to be perfectly clear about where U.S. & Texas LawShield stands on this volatile issue.

First off and most importantly, U.S. & Texas LawShield members subject to red flag laws are eligible for coverage. Let me say that again. If you are a member and fall victim to an unlawful, unwarranted, or improper red flag law action, we’re going to be there for you 24/7 to help fight for your legal right to keep and bear arms.

But here are some important things to remember: red flag laws are new. Many states will enforce them differently. There’s little to no useful case law surrounding them, and their execution bypasses the fair and equitable due process we’re all supposed to be afforded under the law. Which is why it’s so important to always live the lifestyle of a safe, law-abiding, and responsible gun owner.

If law enforcement ever shows up at your door with a red flag confiscation order, I urge you to stay level-headed and comply peacefully, and then immediately call your Independent Program Attorney and rely on them to do battle on your behalf. Some of your calm, compliant, and responsible actions in the face of this adversity will truly be the best weapons you can give your Independent Program Attorney to fight your gun-rights battle in the courtroom.

So while not a whole lot is known about what red flag law enforcement is going to look like in many states, you can be confident in knowing that we’re monitoring it very closely and we’ll continue to be there and bring you every important update you need to know about these laws. And until then, continue to exercise responsible gun ownership and rest assured that if you are ever abused by the red flag law system, you’ll have the full force and power of your U.S. & Texas LawShield membership by your side, every step of the way.

First Aid for Gunshot Wounds 2A Institute

Comment section

65 comments on “Major U.S. & Texas LawShield Announcement: Red Flag Laws

  1. “Armed and reasonable”,
    I disagree with you about red flag laws. 1. There is no due process. 2. There is no representation by you or an attorney in court. 3. They can serve this warrant anytime day or night. 4. If the person is violent, then WHY are the courts leaving the person in society?? If you think a gun is the only weapon of choice for violent people you need to read FBI statistics. In summary, a person’s Constitutional rights are violated, a dangerous person remains in society, and there is a denial about weapons used.

  2. Well said, Bob G. This is bad law and under the guise of protecting us, our rights are trampled. There are constitutional ways to handle dangerous people.

  3. Admittedly, I live in Texas & not all police are the same. In conversation with many police & commissioners, their attitude is that red flag or no, they will not arrive at someone’s door to carry out orders that go against the Constitution. Perhaps an avenue is to work with police, police unions, Attorneys General & commissioners, not just courts & politicians.

  4. So here comes the paranoia.. good gravy people. If the government actually wanted your guns they would come and take them. 2a or not. Anyone on this feed who thinks they could stop them is just plain delusional. You should spend some time researching modern tech and military weaponry.

  5. Gabby Gibson; remember the left is taking your rights away one little bite at a time. It is not paranoia just a fact.

  6. Does a red-flag order state how many specific guns to seize or “all” guns? For example, how does law enforcement know if you own five guns but are only surrendering three?

    • Hello Jim, please see the response from one of our Independent Program Attorneys.

      “Most of the states that currently have red flag laws prohibit the person from having firearms in their possession, therefore, the person’s living quarters will have to be cleared of all firearms. If another person owns a firearms that was confiscated by police, there are usually procedures in place so that these firearms can be returned to their proper owner while providing that they do not find their way back into the possession of the prohibited person.”

  7. Are these cases being appealed to higher courts on constitutional grounds/lack of due process?

    • Hello Adam, please see the response from one of our Independent Program Attorneys.

      “Any law that seeks to take firearms away from people without the benefit of due process is usually challenged on Constitutional grounds. Unfortunately, history has shown that the vast majority of such laws are usually upheld as valid.”

  8. What if I buy a gun and put my name on the forms when I purchase. Then my wife buys a gun and puts her name on the forms at time of purchase. If they’re after my wife with the red flag law can they take my gun as well if they’re both stored in the same safe?

    • Hello Ben, please see the response from one of our Independent Program Attorneys.

      “If a person then becomes ineligible to possess firearms under Federal or state law, it will be an issue as to how firearms are stored in the home where they live, as well as whether or not they are accessible. The actual “ownership” of the firearm will not prevent the firearms from being seized if a prohibited person is in actual possession of them.”

  9. Re: Jim Leedham’s question (1/9/2020) on how law enforcement knows what guns you have: This is how Illinois LE does it: Illinois is a “point-of-contact” state during a background check for firearm purchase. In much of the country, a firearm background check goes through NICS. In Illinois, the background check starts with the dealer contacting the Illinois State Police (the FTIP phone call) to begin the background check process. The FTIP contact is recorded and archived by ISP. The record kept includes the Dealer’s and Purchaser’s names. If a red-flag request comes down, ISP will run the red-flag Subject’s name through the data base and determine where and when said Subject has purchased firearms in Illinois. The Dealer(s) are contacted and are required to provide the number and type of weapons acquired by the Subject. ISP creates a list of weapons likely in the Subjects possession, and then knocks on the Subject’s door. It’s not registration, its not instantaneous, but its the next best thing if what you are after is gun confiscation.

  10. Is this service available in Florida?

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