Red flag legislation

missing key components

With regard to Virginia's new red flag law, here is what should have been included:

Criminal penalties for those who bring false or frivolous charges.

An order is 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.

A judge is required to make a determination of whether the person meets the state standard for involuntary commitment. Where the standard for involuntary commitment is met, this should be the course of action taken.

If an extreme risk protection order (ERPO) is granted, the person should receive community-based mental health treatment as a condition of the ERPO.

Any ex parte proceeding should include admitting the individual for treatment.

A persons Second Amendment rights should only be temporarily deprived after a hearing before a judge, in which the person has notice of the hearing and is given an opportunity to offer evidence on his or her behalf.

A mechanism for the return of firearms upon termination of an ERPO, when a person is ordered to relinquish firearms as a condition of the order.

The ERPO process should allow an individual to challenge or terminate the order, with full due process protections in place.

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 as a condition of the ERPO. The individual also must have the ability to sell his or her firearms in a reasonable time without violating the order.

Just seizing guns without including the above will result in more killings because a sick person might borrow or a steal a gun to kill.

Former Special Agent, United States Secret Service.

Read more:

Letter to the Editor, April 26, 2020: Red flag legislation missing key components - Richmond.com