Police legally seizing guns under ‘red flag’ laws
Washington is one of six states with high risk or red flag laws. But in the wake of the Parkland school shooting, the Brady Campaign says at least 30 states are considering them.
Guns are removed for one year, but there is due process. Only family, roommates and police can petition the court for the civil order. The burden of proof is on the petitioner.
A judge determines if the person is a danger to himself or others. If the order is issued, the guns can be seized immediately, but the gun owner gets to make his or her case in court within two weeks.
I have so many mixed emotions on this one. I can see where the law is a benefit, but I can also see how the law can be abused. There is much debate about this law and it is most assuredly going to be contested by Pro-2A groups at the highest courts in the Nation.
One petition to seize guns was turned down by a King County, Wash., judge. All others have been granted, including the taking of an AR-15 rifle. According to the pastors of the Cross and Crown Church in Seattle, a former member threatened to kill them and wished the recent church massacre in Sutherland Springs, Texas had happened there.
Some gun rights advocates, who are afraid of government abuse, say it appears to be working but remain vigilant and skeptical. Law enforcement is convinced the law is saving lives.
“I have no doubt,” said King County Prosecuting Attorney Dan Satterberg, “it is the kind of tool we can use to prevent greater tragedies.”
Alexander Mckenzie, a 31-year-old Army veteran who, according to court documents, is being treated for post-traumatic stress disorder, recently had his gun confiscated by the Seattle Police Department even though he had committed no crime.
It’s one of 27 guns seized legally by the Seattle Police Department from 16 individuals since last July under Washington State’s new Extreme Risk Protection Order law.
McKenzie had been acting strange, glaring at customers of a pizza restaurant while carrying his handgun. He now agrees with the firearm seizure.
“I’m grateful that the police got the gun away from me,” McKenzie told Fox News.
“I think we’re seeing a building consensus in blue states and red states that this is a good way to balance public safety against people’s Second Amendment rights,” said Jaron Lindbaum of Washington Ceasefire.”