PHOENIX – Proponents of so-called “red flag” laws say they could’ve prevented the Maine shooter from getting a gun. Arizona’s attorney general will propose a “red flag” law that would give a court the power to order the removal of guns from someone they believe poses a threat to schools.
Despite how controversial red flag laws are, more than 20 states have one, and Arizona could soon be next. “We should not have to worry about mentally ill people getting their hands on an AR-15,” said AG Kris Mayes.
Several shootings and threats across the country have sparked conversations about change. “Our office has looked at drafting and helping to introduce a ‘red flag’ law for Arizona,” she said.
These laws give judges the power to issue what’s known as an “extreme risk protection order”, but Mayes says there needs to be compelling evidence for a judge. “Whether this person is capable of committing violence against someone in a school,” she said.
Even if it’s someone under 18 who can’t legally own a gun, but lives with someone who does. “We could essentially go after that gun,” Mayes said. “A teacher or someone who has lived with that person or is living with that person could seek an order of protection and get that order against that youth.”
Mayes believes there’s a high bar for approval to make sure the law isn’t abused to take guns away unnecessarily. “This particular proposal has a lot of due process built into it. It has a judge who has to make this determination; only a certain list of people are allowed to make these applications and ask for these orders, and it ultimately ends up in a hearing,” she said.
If the order is granted, the gun owner must temporarily surrender their weapons. “It’s probably not going to happen very often. But for the people who don’t die because we have these protective orders in place. That is probably going to be important and that could make a difference,” Mayes said.
From the time the order was filed, Mayes believed it would only be a matter of weeks before the person wouldn’t have their guns. Then, she said, they could prove their case to get them back at a hearing.
Mayes believes this ‘red flag’ law to protect children and our youth would be bipartisan, but it needs to pass the state legislature.