Red Flag Laws Have Already Been Upheld as Constitutional. And They Save Lives.

As you’re following news of the lawsuit filed to challenge Nevada’s red flag law passed earlier this year, I wanted to remind you that courts have already upheld red flag laws as constitutional. They also have been proven to save lives. 

Red flag laws, sometimes called extreme risk laws, enable family members and law enforcement to ask a court to temporarily remove firearm access when there is evidence someone poses an immediate threat to themselves or others. 

Red flag laws already have faced constitutional challenges and courts have found that they do not violate the Second Amendment and similar state constitutional provisions. 

Earlier this year, Florida’s 1st District Court of Appeals rightly upheld Florida’s red flag law in the face of a constitutional due process challenge. In its decision, the Florida appeals court stated that “the prevalence of public shootings, and the need to thwart the mayhem and carnage contemplated by would-be perpetrators does represent an urgent and compelling state interest.” 

Also this year, litigators from Everytown Law released a detailed legal analysis of the constitutionality of red flag laws. Among their findings:

Red flag laws already have faced constitutional challenges and courts have found that they do not violate the Second Amendment and analogous state constitutional provisions. Significantly, case law demonstrates that red flag laws have and will continue to withstand due process challenges.

You can read more about how red flag laws work and their ability to save lives here. Examples of situations in which Extreme Risk orders were used to remove guns from dangerous situations are also available here.

If you’re interested in learning more about the constitutionality of red flag laws or how they work, please don’t hesitate to reach out.