Gun confiscation potentially would have been enacted due to a new law, prior to the shootings in Manhattan. The law was implemented a month before the violent incident occurred.
News Article: Extreme Risk Protection Orders (ERPOs), or Red Flag Laws, Address Mental Health and Gun Violence
In the United States, Extreme Risk Protection Orders (ERPOs), also known as red flag laws, are currently enacted in 21 states and the District of Columbia. These laws allow courts to temporarily seize firearms from individuals deemed to be a danger to themselves or others based on evidence presented by family members, law enforcement, or other eligible petitioners.
The implementation and enforcement of ERPOs vary significantly from state to state. For instance, Hawaii allows many petitioners (including family, medical professionals, and co-workers) to request a gun removal, though in practice, it is rarely used. On the other hand, New York has had much higher petition rates, reflecting more frequent utilization.
The balance between preventing potential harm and respecting due process is a key concern in the debate surrounding ERPOs. Critics argue that these laws infringe on constitutional rights, particularly the Second Amendment and due process rights, claiming they violate the principle of “innocent until proven guilty” and could be abused without criminal charges formally brought. Supporters, however, claim that ERPOs fill a critical gap by temporarily restricting gun access from people who pose a risk but have not committed a crime, thereby preventing suicides and violent acts.
ERPOs are intended as a tool to reduce suicide risks and gun violence by enabling preemptive action during crises when an individual shows warning signs of harm to self or others. The federal government has acknowledged this by funding programs tied to red flag laws as part of broader mental health and gun safety initiatives. The 2022 bipartisan federal legislation expanded background checks and funded state intervention and red flag programs alongside mental health and school safety resources.
A notable example is the new Nevada law, which allows police to confiscate firearms from individuals placed on a mental health crisis hold. This law compares to California's 5150 law, allowing temporary gun seizure during involuntary detention of someone deemed a danger to themselves or others. However, political opposition remains strong in some states, such as Texas and Montana, which have passed laws opposing ERPOs, prohibiting local enforcement and preempting such orders within their jurisdictions.
The implications for gun rights are substantial, as ERPOs deprive a person of their Second Amendment rights without having been convicted of a crime. In the U.S. v. Rahimi case, the Supreme Court upheld a civil process for disarming a person, involving a hearing before a court issued an order. However, the Supreme Court has not ruled on the issue of red flag laws regarding gun seizures over mental health concerns.
The case of Shane Devon Tamura, a resident of Las Vegas, highlights the importance of ERPOs. Tamura, who owned guns and had a Nevada concealed carry weapon license, was placed on a psychiatric hold in 2022 and 2024. Despite this, he was able to commit a shooting in a Manhattan office building. This underscores the need for stricter measures to prevent individuals in crisis from accessing firearms.
In conclusion, the landscape of ERPOs is complex and evolving. These laws serve as a preventive measure, with advocates citing safety benefits and critics warning of rights infringements. As the use and enforcement of ERPOs continue to develop, it is crucial to strike a balance that prioritizes both public safety and individual rights.
- The federal government, as part of broader mental health and gun safety initiatives, has acknowledged the potential of ERPOs in reducing suicide risks and gun violence, and hence, has funded programs tied to red flag laws.
- In the wake of the Shane Devon Tamura incident, there is a growing consensus among many that stricter measures, such as ERPOs, should be implemented to prevent individuals in crisis from accessing firearms and ensure the safety of us all.
