Two members of the Ohio House of Representatives are promising legislation to implement “Red Flag” laws after President Joe Biden took executive action on gun control Thursday.
Elections matter. Yesterday’s actions by [President Biden] are an important step forward in common-sense gun reform. In Ohio, [Rep. Bride Sweeney] & I are soon re-introducing our ‘red flag’ bill. We can #DoSomething to reduce all forms of gun violence in our communities,” state House Rep. Allison Russo (D-OH-24) said.
Elections matter. Yesterday’s actions by @POTUS are an important step forward in common-sense gun reform. In Ohio, @RepBrideSweeney & I are soon re-introducing our “red flag” bill. We can #DoSomething to reduce all forms of gun violence in our communities.https://t.co/1tb7cjc0k0
— Rep. Allison Russo (@Russo4Ohio) April 9, 2021
“When Ohioans, after the devastating Dayton shooting, chanted over & over for us to “DO SOMETHING”- [Ohio House Democrats] listened & delivered: real commonsense [sic] gun safety measures that still preserve the 2nd amendment. Ex: [Rep. Russo] and I’s red flag law that has proven to save lives,” she said.
When Ohioans, after the devastating Dayton shooting, chanted over & over for us to “DO SOMETHING”- @OHHouseDems listened & delivered: real commonsense gun safety measures that still preserve the 2nd amendment. Ex: @Russo4Ohio and I’s red flag law that has proven to save lives. https://t.co/M3ZmbmmX4X
— Bride Rose Sweeney (@RepBrideSweeney) April 9, 2021
“Red Flag” laws are sometimes known as “gun violence restraining orders.”
They allow judges to order weapons removed from the possession of a person who is deemed to be a “red flag.”
But the criterion for “red flagging” a gun owner is often ambiguous. Usually, the standard for “red flagging someone is that he or she poses a “significant danger” by possessing a firearm.
Since the first “Red Flag” law was enacted in Connecticut nearly 20 years ago, lawyers have argued about their constitutionality, and whether they violate not just the Second Amendment, but also the Fourth Amendment, which guarantees due process to American citizens.
“If there is an immediate risk of harm, a court can issue a temporary ex parte order to seize guns from people for up to 14 days in most states. Other states range from two days to 45 days. At those hearings, a judge can issue the order by listening to evidence from the petitioner,” a Pew Research report said. “In many cases, the subject of a petition can’t present a defense until the final hearing. But that’s where the process gets legally dubious to some critics.”
Biden’s Thursday executive actions strengthened “Red Flag” legislation.
During a speech from the Rose Garden, he said “No Amendment is absolute,” for which he drew criticism.
“Red Flag” legislation in Ohio faces an uphill battle, as the state House and Senate are controlled by Republicans. Ohio’s governor, Mike DeWine, is also a Republican.
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