“Red flag” law empowers families to prevent gun violence
We in Massachusetts understand that strong, common sense gun laws save lives. That’s why we affirmed our assault weapons ban in 2004, passed comprehensive gun laws in 2014, and banned bump stocks last fall. And as a result, we have the lowest rate of gun deaths in the country.
Today, the House built on these efforts by passing An Act Relative to Firearms. This “red flag” legislation empowers families, household members, and law enforcement to prevent gun tragedies by reducing access to guns for individuals at an elevated risk of endangering themselves or others.
Our legislation does this by creating a process for courts to grant an extreme risk protective order (ERPO).
Under this bill, household or family members or licensing authorities could petition the court for an ERPO if they believe that an individual poses a risk of causing bodily injury to themselves or others by having a gun. If granted, the ERPO requires the immediate suspension and surrender of a license to carry or firearm identification card (FID) or guns/ammunition.
The process requires a court to hold a hearing within 10 days of receiving a petition. It provides an avenue for the courts to address emergency situations by allowing the court to review a petition and issue an emergency ERPO until a full hearing occurs.
The ERPO is valid for up to 1-year, and carries a penalty of up to $5K or up to 2.5 years imprisonment for a violation. There is no duty on any household or family member to file a petition, and no household or family member can be held liable for not filing a petition.
Once a court issues an ERPO, the court must then send it to the licensing authority. The licensing authority must then serve the individual with the ERPO and seize their license to carry, FID, and any guns/ammunition, if the person is carrying them. If the individual is not carrying those items when served, they have 8 hours to surrender the items to the licensing authority.
The bill includes a range of due process protections for licensees, including a requirement for the court to hold a hearing within ten days of a petition being filed. Respondents will be able to use all existing statutory law remedies to demonstrate that they are not at risk, including legal counsel and the appeal process.
We know ERPOs or “red flags” can save lives. 55% of gun deaths in Massachusetts are suicides. A study conducted by Everytown for Gun Safety found that in at least 42% of mass shootings, the attacker exhibited dangerous signals before the shooting. This legislation allows others to intervene and take a gun before someone makes an irreversible decision. Combined with our investments in suicide prevention and mental health services, we can make a real impact on the lives of people in our community.
We want to prevent the next school shooting from happening in our neighborhood. We want to empower families and roommates to intervene if a loved one is at risk of committing suicide. And we want people to have the ability to speak up to stop gun violence. This legislation is another tool in our vast toolbox to control firearms and ensure safety throughout Massachusetts.
Additionally, our legislation addresses a recent Supreme Judicial Court ruling that struck down the state's ban on civilian ownership of stun guns. It ensures that our background checks and licensing process applies to the purchase and sale of stun guns.
I am incredibly proud to support this legislation, and am grateful for the leadership of Speaker DeLeo, my colleagues in the House, students, advocates, and so many others for working to pass this bill. Together, we have taken a meaningful step to prevent gun violence in Massachusetts.
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