Clay Higgins - House Hearings on “Protecting Our Kids Act” 2022 Part 04 – Red Flag Laws * PITD

Clay Higgins - House Hearings on “Protecting Our Kids Act” 2022 Part 04 – Red Flag Laws * PITD An excerpt from the hearing on #ProtectingOurKidsAct and #RedFlagLaws after #Uvalde
Captain Clay Higgins is a Republican member of the U.S. House of Representatives representing South Louisiana.
A member of the House Homeland Security Committee and the House Oversight & Reform Committee.
Find out more here:
https://clayhiggins.house.gov/

The Danger of Red Flag Legislation –
“red flag” laws, also known as Extreme Risk Protection Orders, seem like the obvious solution. These laws allow judges to seize a person’s guns without a trial, based solely on a written complaint that the person might be a danger to themselves or others. All a judge needs is “reasonable suspicion.”

• Oppose because it is too easy to maliciously use and deprive lawful gun owners of due process.
• Existing laws already include emergency order of detention for people who are a risk to themselves or others.
• Veterans or victims with PTSD may not seek care out of fear they will be targeted by red flag laws.

It has always been possible to take a dangerous person’s guns away. All 50 states and the federal government have involuntary commitment laws that go by various names: the Baker Act in Florida, for example, or the 5150 code in California. They all require a mental health expert to testify before a judge, but hearings can occur quickly in urgent cases. If those facing a hearing can’t afford a lawyer, the judge provides them with one. Judges have a lot of flexibility when ruling. For instance, if the person on trial does not agree to voluntary psychiatric treatment, they may be committed involuntarily or have their guns confiscated.
But red flag laws remove all these due process protections. Based only on a written complaint, which could come from a relative, friend, neighbor, police officer, or an anonymous tip, a judge decides whether to take away a person’s guns. There is no ability to challenge claims or to offer testimony from a mental health care expert. Gun control advocates argue that the person should not even know that the judge may be deciding to take his or her guns. When a hearing finally takes place up to a month later, if the person in question cannot afford an attorney, they will not be provided with one.

Find the Full Hearing on PBS News Hour:
https://m.youtube.com/watch?v=hBMxPZKPjkk&feature=youtu.be
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