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Allred Votes for Federal Red Flag Law to Keep Guns Out of the Hands of Dangerous Individuals

June 9, 2022

Washington, D.C. – Today, Congressman Colin Allred (TX-32) voted for the Federal Extreme Risk Protection Order Act. Extreme risk protection orders, or “red flag laws,” empower law enforcement, family and household members to ensure that those who pose a threat to themselves or others do not have access to firearms. The bill passed with bipartisan support. 

“We must do everything we can to reduce gun violence, and by keeping guns out of the hands of a dangerous individual, red flag laws are a common-sense way to save lives,” said Allred. “Sometimes those closest to an individual are the best to point out if they are a danger to themselves or to others, and this federal law builds on the framework already established in states across the country. I am encouraged by Senate discussions to include similar legislation in a bipartisan package, and I am hopeful that we can get something done.” 

The Federal Extreme Risk Protection Order Act:

  • Establishes nationwide extreme risk protection orders through federal courts
    • Law enforcement officers, family and household members may file a petition requesting that a federal court issue a protection order prohibiting an individual from purchasing or possessing firearms.
       
    • The court can issue a short-term protection order of no more than 14 days, without a hearing, or a long-term protection order of no more than 180 days, following a hearing in which the respondent is represented by counsel. Both orders are available only when necessary to prevent a risk of injury to the individual or others.
       
    • Individuals subject to an order must surrender their firearms and ammunition and are prohibited from purchasing or possessing firearms until the order expires. When the order expires and the individual passes a background check, any surrendered firearms or ammunition are returned.
       
    • The right to lawfully possess a gun is protected through high standards of proof, an opportunity to be heard, the right to counsel, and penalties for those who file frivolous petitions.
       
  • Improves the implementation of existing state extreme risk laws and encourages more states to adopt these laws by providing grant funding to states with laws that meet certain standards.
  • Requires law enforcement to be trained in the safe, impartial, effective, and equitable use of protection orders, including social service provider referrals, crisis intervention, and language accessibility.

 

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