On April 29, lawyer E. Allen Chandler Jr. was invited to explain the “Red Flag Law” and its implications for community residents. In California, where nearly a thousand new laws are enacted each year, navigating through the legal landscape can be overwhelming, making it crucial for people to have a good understanding of the laws.
Chandler, a retired Lieutenant Colonel with multiple military awards, a military law expert, a criminal defense attorney in California and Texas, and a former local prosecutor, has over 35 years of experience in military and civil law. Currently, he serves as a lawyer for “Lonestar Firearm Defense,” an organization run by lawyers and owned by veterans, providing information, education, and guidance on the United States Constitution and its Second Amendment, as well as legal support for members in all 50 states.
Explaining the nature of the “Red Flag Law,” Chandler emphasized that it is a state law, not a federal law. Under this law, if someone presents a case in court identifying their neighbor, colleague, date, or anyone else as a danger, a judge can issue orders to seize or confiscate firearms and other items they deem dangerous. Failure to comply with such orders is considered a criminal offense.
As of March this year, 21 states and the District of Columbia have enacted similar laws to domestic violence protection orders under the name “Red Flag Law.” However, these laws are known by different names in various states, such as Colorado’s “Extreme Risk Protection Orders (ERPOs)” or California’s “Gun Violence Restraining Orders (GVRO).” California law also permits police, teachers, and employers to seek gun prohibition orders, while federal law prohibits individuals with mental illness from owning firearms.
The process of utilizing the “Red Flag Law” involves someone filling out an affidavit presenting certain facts to demonstrate that an individual is not a responsible gun owner but a dangerous person. A one-sided hearing is then conducted by a judge based solely on the plaintiff’s claims, without the defendant present. If the judge deems the claims valid, law enforcement can show up at the gun owner’s residence and confiscate their firearms.
Chandler pointed out that the names of these laws like “Extreme Risk Protection Orders” sound serious, implying imminent risks that necessitate disarming someone for safety. Defendants are given a court hearing date, and if they fail to appear, their firearms can be confiscated for 1 to 5 years at the discretion of the judge.
The Second Amendment of the U.S. Constitution guarantees the right of individuals to bear arms, stating that a well-regulated militia is necessary for the security of a free state, and the right of the people to keep and bear arms shall not be infringed.
The first “Red Flag Law” in the United States was enacted in 1999 after a shooting incident involving a lottery station employee in Newington, Connecticut. Subsequently, Indiana passed a similar law in 2005 following a case where a mentally ill individual shot and killed a police officer. California (2014), Washington (2016), and Oregon (2017) have since enacted “Red Flag Laws,” with a total of 5 states having these laws by 2018.
In 2015, San Diego called for households opposed to gun violence to place a blue light outside if they do not own firearms, which Chandler criticized as signaling criminals to target homes with blue lights.
Chandler highlighted the Fourth Amendment of the Constitution, which prohibits unreasonable searches and seizures, emphasizing the right of people to secure their persons, houses, papers, and effects against unauthorized intrusion. Search warrants shall not be issued without probable cause supported by oath or affirmation, particularly describing the place to be searched and the persons or things to be seized.
Regarding concealed carry permits, Chandler explained that different states or counties have varying regulations. In Texas, individuals are not required to disclose the types and quantities of firearms they possess, as it would violate the Second Amendment. Riverside County in California allows carrying 6 firearms, while Orange County permits carrying 22; individuals must undergo proper evaluation and register the amount of ammunition they possess.
The current federal government is urging states to implement “Red Flag Laws.” The Department of Homeland Security has compiled a list of dangers and 15 risk factors, many of which involve Catholics, Christians, and veterans, according to Chandler. He asserted that “Lonestar Firearm Defense” is committed to fighting for your rights, providing legal consultation services 24/7, ensuring prompt bail for members, and offering up to $50,000 in bail bonds.