The Corner

Politics & Policy

The NRA Hunts for a ‘Red Flag’ Law that Includes Due Process

Gun enthusiasts inspect firearms during the annual National Rifle Association convention in Dallas, Texas, May 5, 2018. (Lucas Jackson/Reuters)

Indianapolis, Ind. — One of the thornier issues facing the National Rifle Association in the state legislatures this year are “red flag” laws or emergency risk-protection orders, which are designed to take firearms away from an individual deemed to be a threat to themselves or others.

The NRA says that it supports the idea of these laws in general, but opposes the specific versions that have recently passed state legislatures.  The NRA’s position is:

  • Anyone subject to an ERPO should have the opportunity to challenge the order with full due-process protections in place.
  • An order that confiscates firearms should only be granted when a judge makes the determination, by clear and convincing evidence, that the person poses a significant risk of danger to themselves or others.
  • The judge should concurrently make a determination of whether the person meets the state standard for involuntary commitment.
  • Whether or not the person meets the state standard for involuntary commitment, the person subject to the ERPO should receive mental-health treatment.
  • The process should allow firearms to be retained by law-abiding third parties, local law enforcement, or a federally licensed firearms dealer when an individual is ordered to relinquish such firearms.
  • There should be a mechanism in place for the return of firearms upon termination of an ERPO.
  • The process should include criminal penalties for those who bring false or frivolous charges.

So far, none of the states that recently passed ERPO laws — including California, Oregon, Vermont — have met the NRA’s criteria, nor do the bills introduced in Texas and Tennessee this year.

The NRA grumbles that its position gets misconstrued and mischaracterized by both sides — gun-control groups paint the organization as being unwilling to take guns away from dangerous people, and other gun-rights organizations, eager to draw distinctions with the NRA, portray the association as sellouts who are amenable to gun confiscation. The NRA sees its position as simple: They support extreme risk-protection orders, as long as the process involved strongly protects both Second Amendment rights and due-process rights at the same time.

Most Popular

Elections

Bernie’s Huge Victory

Bernie had a massive night in Nevada, with a diverse nomination-winning-type coalition. According to the entrance poll, he won whites and Hispanics and did well among blacks. He won men and women. He won college graduates and did particularly well with non-college graduates. He won Democrats and independents. ... Read More
Elections

Bernie’s Huge Victory

Bernie had a massive night in Nevada, with a diverse nomination-winning-type coalition. According to the entrance poll, he won whites and Hispanics and did well among blacks. He won men and women. He won college graduates and did particularly well with non-college graduates. He won Democrats and independents. ... Read More

Elon Musk’s Plan to Settle Mars

He who follows Freedom, let him leave his homeland, and risk his life. — Adam Mickiewicz, Polish poet, 1832 Last week my wife Hope and I traveled to Boca Chica, Texas, to meet with Elon Musk. While we talked inside the SpaceX onsite headquarters, a mariachi band played outside, providing entertainment for ... Read More

Elon Musk’s Plan to Settle Mars

He who follows Freedom, let him leave his homeland, and risk his life. — Adam Mickiewicz, Polish poet, 1832 Last week my wife Hope and I traveled to Boca Chica, Texas, to meet with Elon Musk. While we talked inside the SpaceX onsite headquarters, a mariachi band played outside, providing entertainment for ... Read More
U.S.

Women’s Sports Should Be Women’s Sports

Transgender sports policies make a mockery of women’s competition. Just look at the state of Connecticut. At the 2018 state open for women’s track and field, two young men identifying as transgender took first and second place in the 100m race. Their participation not only deprived young women of their ... Read More
U.S.

Women’s Sports Should Be Women’s Sports

Transgender sports policies make a mockery of women’s competition. Just look at the state of Connecticut. At the 2018 state open for women’s track and field, two young men identifying as transgender took first and second place in the 100m race. Their participation not only deprived young women of their ... Read More
Elections

Bernie’s Houses

Mike Bloomberg scored a hit -- a palpable hit -- in the debate this week when he pointed back at Bernie Sanders and said: “What a wonderful country we have, the best-known socialist in the country happens to be a millionaire with three houses.” Many conservatives laughed and cheered and wondered why Bernie ... Read More
Elections

Bernie’s Houses

Mike Bloomberg scored a hit -- a palpable hit -- in the debate this week when he pointed back at Bernie Sanders and said: “What a wonderful country we have, the best-known socialist in the country happens to be a millionaire with three houses.” Many conservatives laughed and cheered and wondered why Bernie ... Read More

Escape from Wuhan

The onset of the crisis in Wuhan startled me like a jump scare in a horror movie. You’ve seen the kind I mean. The audience is led to believe that the monster, psycho killer—or what have you—pursuing the intended victim is still distant. Then whatever it is stands up from behind, leaps out in front, bursts ... Read More

Escape from Wuhan

The onset of the crisis in Wuhan startled me like a jump scare in a horror movie. You’ve seen the kind I mean. The audience is led to believe that the monster, psycho killer—or what have you—pursuing the intended victim is still distant. Then whatever it is stands up from behind, leaps out in front, bursts ... Read More