That's a good enough reason to have the red flag law. Too bad all states don't have that these days.
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Tennessee Shut Down a Red Flag Law That Could Have Stopped the Nashville School Shooting
Law enforcement said there are no laws in the state that would’ve allowed police to take weapons away from the shooter.
But there could have been a law: a Democratic state senator introduced what’s known as a
red flag law in January 2020. The
bill would have let family members, household members, intimate partners, or law enforcement officers petition a court to ban an individual who “poses an imminent risk of harm to the person or others” from possessing firearms.
If a judge granted the petition and issued an emergency order, the individual would have 48 hours to hand over any guns they already owned, and they would be prohibited from purchasing more until the order is terminated. But first, they would have to prove in a hearing they are no longer a threat to themselves or others.
Republicans held a supermajority in both the state House and Senate at the time (as they do now), and the bill
never made it out of committees. In the years since, they have focused more on trying to
curb LGBTQ rights than gun safety.
Following Monday’s tragedy, Tennessee Republicans have decided that there’s simply
nothing they could have done differently to
prevent the attack.
Tennessee Shut Down a Red Flag Law That Could Have Stopped the Nashville School Shooting | The New Republic
19 states and D.C. have some type of red-flag law
Initially, after the first red flag law was enacted in Connecticut 22 years ago, a few states followed suit. Indiana did so in 2005, and in 2016 Washington and California followed,
according to data collected by Everytown, an organization working to end gun violence.
The National Rifle Association, for example, typically does not support red flag laws, as it
argues the laws do not protect a person’s due process rights.
But Lawlor argued that in most cases red flag laws operate in the same way as search or arrest warrants operate: Officers bring the evidence to the judge, who makes a decision and allows law enforcement to act prior to having a hearing.
After 19-year-old Brandon Hole killed eight people at a FedEx facility in Indianapolis last week, questions arose about the state's "red flag" law, which should have prevented Hole from having a gun in the first place.
www.cnn.com