Red flag legislation<\/p>\n
missing key components<\/p>\n
With regard to Virginia's new red flag law, here is what should have been included:<\/p>\n
Criminal penalties for those who bring false or frivolous charges.<\/p>\n
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.<\/p>\n
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.<\/p>\n
If an extreme risk protection order (ERPO) is granted, the person should receive community-based mental health treatment as a condition of the ERPO.<\/p>\n
Any ex parte proceeding should include admitting the individual for treatment.<\/p>\n
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.<\/p>\n
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.<\/p>\n
The ERPO process should allow an individual to challenge or terminate the order, with full due process protections in place.<\/p>\n
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.<\/p>\n
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.<\/p>\n
Former Special Agent, United States Secret Service.<\/p>\n
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Read more: <\/p>\n
Letter to the Editor, April 26, 2020: Red flag legislation missing key components - Richmond.com<\/a><\/p>\n","protected":false},"excerpt":{"rendered":" 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 Continue reading