With President Joe Biden signing legislation that will incentivize states to enact red flag laws, some states already are trying to find ways to make their current red flag laws more effective in preventing gun violence.
Nineteen states and Washington, D.C., have laws that allow law enforcement — and sometimes family members and school administrators — to petition civil courts to confiscate firearms from people who may be a danger to themselves or others. Judges decide whether to grant petitions, often called extreme risk protection orders, after a hearing. The orders usually last a year.
Most of the laws were passed in the past decade, and experts say that while the measures are saving lives, they sometimes aren’t used to their full potential: Police officers might not invoke them for lack of training or awareness, for example, or the legal system might not have the infrastructure to guide officers and judicial officials through the process.
