RED FLAG LAWS: What Are They?
Gregory Kielma • April 13, 2025
How Do Red Flag Laws Work?
How Do Red Flag Laws Work
Robert Sadowski
A red flag law is the common name given to Extreme Risk Protection Orders, Emergency Substantial Risk Orders, Firearm Restraining Orders, and several other official names that vary from state to state.
Essentially, red flag laws allow a civil court—a judge—to temporarily remove firearms from a person who is considered a threat to themselves or others. Other items deemed dangerous weapons can also be seized depending on the state. Red flag laws were enacted to protect people as a suicide-prevention tool, a method to stop domestic violence, or averting a potential mass shooting.
I think we—gun owners and non-gun owners—are all in favor of laws that protect our family, friends, and communities, but when the government, in this case, the state government, seizes our property, is that a violation of the 4th Amendment against unlawful search and seizure? What about the 2nd Amendment and the right to bear arms?
What States Have Red Flag Laws?
The following states have enacted Red Flag Laws:
• California
• Colorado
• Connecticut
• Delaware
• Florida
• Hawaii
• Illinois
• Indiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Nevada
• New Jersey
• New Mexico
• New York
• Oregon
• Rhode Island
• Vermont
• Virginia
• Washington
• District of Columbia
Other states are considering adopting a red flag law.
The first state to enact a red flag law was Connecticut in 1999. A shooting at the Connecticut Lottery headquarters in 1998, where an employee shot and killed four of his supervisors and then killed himself, was the act that caused Connecticut to pass the law.
In 2022, under the Biden administration, the federal government created the Bipartisan Safer Communities Act to encourage states to adopt red flag laws. The act offers states grants if the state enacts and enforces red flag laws.
How Red Flag Laws Work
Each state has its own procedures on starting the process to seize a gun owner’s firearms but generally operate the same way. Law Enforcement and/or family members petition a judge for an emergency order. That order would temporarily remove firearms from a person found to be at risk of harming themselves or someone else.
In all 21 states where red flag laws exist, law enforcement is allowed to petition a judge for an order. In New Mexico and Florida, law enforcement is the only one eligible to petition a judge. In states like California, Colorado, and Hawaii, family members, teachers, and medical professionals can also petition a judge.
Here’s how the scenario plays out. Someone is threatening to harm themselves or another person or people. Law enforcement, family members, teachers and medical professionals know or believe that person has access to a firearm, so they submit a petition to a judge.
The judge has the final word on whether the situation warrants an immediate order and evaluates it based on the specificity of the person’s threats and that person’s access to firearms. If the judge deems the risk of violence high, the judge can issue an emergency ex parte order, which goes into effect immediately without the person being present or notified in advance. An ex parte decision is one decided by a judge without requiring all of the parties to the dispute to be present.
The burden of proof on which the judge bases his or her decision is remarkably low for the initial seizure hearing, especially when you consider that no crime has been committed.
The length of time the guns are kept away from their owner varies by state and situation, but typically, a set time is established, and then the guns are returned unless other court hearings extend the period of confiscation.
The person named on the order can request their guns back and fight the order in court, at the person’s own expense, where they can present their side to the story. When guns are returned, law enforcement may conduct a background check before returning the firearms.
Do Red Flag Laws Work?
There is no central database that collects information on the effectiveness of red flag laws, but states like Connecticut credit the laws with a decrease in suicide. California touts that the law prevented mass shootings targeting schools.
On the other side of the coin, 42 states have declared themselves Second Amendment sanctuaries where law enforcement will not enforce gun policies that it believes violate the 2nd Amendment.
Do Red Flag Laws Violate the 2nd and 4th Amendment?
In recent years, red flag laws have been challenged and failed, with court's ruling that they are constitutional.
We should all understand how red flag laws work in the state we live.
Every law has loopholes that could potentially weaponize it against an unsuspecting person, even if the law was enacted in good faith.
Small Claims Court From an avid reader of the blog. I won a case in small claims court. The defendant made it clear that she has no intentions of paying, even though she lost. How long should I wait before taking action? What even IS the next action? I had to sue someone for $1200 once and the judge ruled in my favor. The defendant kept making promises to pay the judgement. But then he kept failing to send anything and ignored my calls. I called his office — at that point he had no idea I knew where he worked. I was greeted with one of those call trees “press 1 for…”. There were no options that would take me to him. But one of the options was for Human Resources. I left a message with HR stating who I was and needed the defendant to call me (without telling any details of the lawsuit/judgement). The next day, I sent him a letter that included a 6 month payment plan (including statutory interest of 9%) and told him that as long as he made payments per this plan, I wouldn't pursue it further. However, the day after a missed payment, I would file the garnishment paperwork that I had already drawn up — the first payment listed was due 30 days later. A week later, I received my first payment along with a letter agreeing to the payment plan. He followed through as promised.
What is wrong with gun owners? Do they really need guns when my safety is in danger? A post from an avid reader of the blog: There is nothing wrong with me. I am a legal gun owner. I obey the law. I have a concealed permit, even though my state does not require one. Concealed carry permit holders are 1/10th as likely to commit a crime with a gun as a sworn, active-duty police officer. Police officers are extremely unlikely to commit a crime with a gun, so that shows you how unlikely I am to do so. So, you have nothing to fear from me, even though I carry my firearm daily. That said, from here on out, I promise to NOT use my firearm to help protect you, should you ever find yourself in danger and needing someone with a firearm to help you. You want to be a melted snowflake? Be my guest.
North Tonawanda man arrested, facing multiple drug and gun charges Thursday, June 12, 2025 U.S. Attorney's Office, Western District of New York BUFFALO, N.Y.–U.S. Attorney Michael DiGiacomo announced today that Tre Smitherman, 31, North Tonawanda, NY, was arrested and charged by criminal complaint with possession with intent to distribute cocaine, possession of a firearm in furtherance of a drug crime and being a felon in possession of a firearm. The charges carry a mandatory minimum penalty of five years in prison, a maximum life, and a $1,000,000 fine. Assistant U.S. Attorney Jeffrey E. Intravatola, who is handling the case, stated that according to the complaint, on November 6, 2024, the Niagara County Drug Task Force executed a search warrant at Smitherman’s Oliver Street residence and on his vehicle. During the searches, investigators recovered a loaded pistol, quantities of cocaine and methamphetamine, drug paraphernalia, and $3,789.00 in cash. In 2014, Smitherman was convicted of a felony in New York State Court and is legally prohibited from possessing a firearm. The complaint is the result of an investigation by the Niagara County Drug Task Force, under the direction of Sheriff Michael Filicetti, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the direction of Special Agent-in-Charge Bryan Miller, New York Field Division. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty. # # # # Contact Barbara Burns 716-843-5817
ATF NEWS: California Riots Contact: PIO Ashlee Sherrill Friday, June 13, 2025 ATF National Response Team deploys to Los Angeles. Investigators seek the public’s help in arson cases LOS ANGELES – The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has deployed its National Response Team (NRT) to Los Angeles to investigate a series of fires set during recent civil unrest. ATF is working closely with the Los Angeles Police and Fire Departments, the Los Angeles County Sheriff’s Office, and the California Highway Patrol. Several law enforcement and self-driving vehicles were set on fire, along with the LAPD Headquarters Facility, since the unrest began. The NRT's mission is to determine the origin and cause of these fires and identify those responsible. “The cause of these fires is quite obvious,” said ATF Special Agent in Charge Kenneth Cooper of the Los Angeles Field Division. “The task at hand now is to determine who is responsible. ATF’s National Response Team is going to be a tremendous asset, and we look forward to the results of their efforts to hold the responsible parties accountable.” Investigators are asking anyone who was near the affected areas and may have captured photos, videos, or other useful information is asked to contact ATF. Call 1-888-ATF-TIPS (1-888-283-8477), email ATFTips@atf.gov or submit information anonymously via www.ReportIt.com or the Report It mobile app, available on Google Play or Apple App Store. When using Report It, select “ATF – Los Angeles Field Division” as the reporting agency. “We’re grateful to community members willing to step forward,” Cooper continued. “If you have information about who was involved, or footage of the events, we encourage you to share it. The people of Los Angeles don’t deserve the destruction of their communities, and we’re here to help hold people accountable.” Each team includes veteran ATF Special Agents with expertise in post-blast and fire origin-and-cause determinations, along with forensic chemists, explosives enforcement officers, fire protection engineers, accelerant detection canines, explosives detection canines, and specialists in intelligence, computer forensics, and audit support. Together, they work with local partners to reconstruct scenes, identify fire origins, conduct interviews, and sift debris for evidence. Since its founding in 1978, the NRT has deployed to 932 major fire and explosion incidents, including 12 activations this fiscal year alone. The team can typically deploy within 24 hours and brings cutting-edge tools such as unmanned aerial systems, 3D scanning, forensic mapping, and portable labs to assist investigations. This marks the NRT’s most recent deployment to Los Angeles since the January 2025 investigation into the Pacific Palisades fires. That case remains under investigation. Notable past NRT deployments include: • Maui Wildfire Disaster – One of the deadliest U.S. fires in over a century, requiring intricate investigation amid severe wind and rapid spread. • Conception Dive Boat Fire – A deadly fire near Santa Barbara where NRT helped uncover critical evidence, leading to reforms in marine safety. • 2020 Midwest Civil Unrest – More than 200 arson scenes processed, resulting in evidence used to make arrests and secure prosecutions. ATF is the federal agency responsible for investigating arson and fire-related crimes. For more information, visit www.atf.gov and follow @ATFHQ and @LosAngelesATF on X for updates. ###
Newton Man Pleads Guilty to Federal Firearm Offense Friday, June 13, 2025 U.S. Attorney's Office, District of Massachusetts BOSTON – A Newton man pleaded guilty on June 10, 2025 in federal court in Boston to illegally possessing two firearms and ammunition. James Welch, 29, pleaded guilty to one count of being a felon in possession of a firearm and ammunition. U.S. District Court Judge Denise J. Casper scheduled sentencing for Sept. 11, 2025. Welch was charged in February 2025. On Feb. 28, 2025, during a search of the defendants’ Newton residence a pistol and a rifle, as well as ammunition were recovered. Welch is prohibited from possessing firearms and ammunition due to multiple prior felony convictions. The charge of possessing ammunition after being convicted of a felony provides for a sentence of up to 15 years in prison, three years of supervised release and a fine of a $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case. United States Attorney Leah Foley and Scott Riordan, Acting Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division made the announcement today. The Newton Police Department provided valuable assistance with the investigation. Assistant U.S. Attorney Eric L. Hawkins of the Major Crimes Unit is prosecuting the case. Updated June 13, 2025
No permit concealed carry proposal expected to reach Stein on Friday Story by Alan Wooten Says instructor Gregg Kielma, "it's great you don't need a ccw in most states. It's our constitutional right to bear arms. However, please know the laws pertaining to carrying a firearm. Ignorance of the law will not be tolerated. Continues Kielma, I teach a constitutional carry class to enlighten people of the laws should you need to use the firearm in self-defense. It's imperative you know what to do and what to say and not say in the event you unholster the firearm and point it at another human being. Just because you can now carry a firearm without a permit, the onus is on you to know the laws and repercussions. Again, not knowing is not an excuse. Please see Alan's article below". Not if but when. Legislation ratified by the General Assembly to make North Carolina the 30th state for carrying a concealed handgun without a permit is scheduled to be delivered to Gov. Josh Stein on Friday. The legislative website’s date for delivery of Freedom to Carry NC, as Senate Bill 50 is entitled, would be Day 0 of the 10 days he has to sign, allowing to become a law without his signature or veto. Stein, asked earlier this month about the proposal as it went through committee, and said his standard is public safety. He reserved right to see the final version and said if the bill “doesn’t make us safer” he would reject it. If he gets it Friday, June 23 is his decision deadline. Turning it down is expected after both chambers stuck mostly to their party lines. In the House of Representatives where majority is 71-49 and 72 are needed for veto override if all 120 vote, Republican Reps. William Brisson of Bladen County and Ted Davis Jr. of New Hanover County were noes and no Democrats were in favor. Passage was 59-48 with 13 excused; in the Senate, passage was party line 26-18 back on March 20 with six excused. Senate majority is 30-20 Republicans. Veto overrides require three-fifths majority of each chamber. “This is a great day for law-abiding gun owners across North Carolina,” said Rep. Keith Kidwell, R-Beaufort. “I’m proud the House stood up to affirm the fundamental right to keep and bear arms. Senate Bill 50 restores freedom and trust to responsible citizens while ensuring that criminals face stronger penalties for breaking the law.” Related video: NC lawmakers pass bill removing concealed carry permit requirement (WVEC-TV Norfolk)
David Hogg...Greta's Dog Greta the climate warrior’s grand maritime adventure: Sails for Gaza, settles for a sandwich BlazeTV Staff June 12, 2025 Thunberg’s blockade-busting dream sinks fast, leaving her with nothing but a sandwich and sob story. The left’s favorite doomsday climate prophet, Greta Thunberg, has decided to expand her activism into geopolitical waters. On June 1, Thunberg boarded the Madleen with the Freedom Flotilla Coalition to deliver “symbolic aid” to Gaza, which is to say that she set out with intentions to make a statement about her solidarity with Palestinians rather than deliver actual humanitarian assistance. Her bold plan to break Israel's naval blockade, however, quickly backfired when Israeli forces intercepted the yacht in international waters. Thunberg, along with several other passengers, was detained. The left, clutching their pearls, echoed Thunberg's cries of “kidnapping,” but the climate panic poster child was swiftly deported back to her home country of Sweden. BlazeTV host Stu Burguiere can’t help but laugh at “Greta’s big boat adventure.” “I hope you've been following the saga. It's been so much fun,” he says. Sign up for the Blaze newsletter
Short and sweet...These tyrants and 2A hating communist democrats have to be stopped. Nothing more nothing less. Our country is at a crossroads, how are you going to fight back? Are you? Patriots like us need to intervene NOW. Let the riots of Minnesota, New York, Chicago, all blue cities be a lesson. This has to stop now, TODAY...We gave them a platform and they shoved it right in our face. This has to stop today.
The Faces Lying Tyranny "leades" Tim Walz grilled for comparing ICE agents to 'Nazi Gestapo' Rebeka Zeljko June 12, 2025 'Don't you regard your dangerous, inflammatory rhetoric as a problem?' During a Thursday hearing, former Democratic vice-presidential candidate Gov. Tim Walz (D-Minn.) was brutally grilled by Republican lawmakers for his past comments likening Immigration and Customs Enforcement agents to the "Nazi Gestapo." Walz appeared alongside Democratic Govs. JB Pritzker of Illinois and Kathy Hochul of New York to testify on sanctuary cities before the House Oversight Committee. During the hearing, Majority Whip Tom Emmer (R-Minn.) confronted Walz for comments he made during a commencement ceremony in May where he said, "Donald Trump's modern-day Gestapo is scooping folks up off the street." 'Inflammatory rhetoric such as yours ... is responsible for putting a target on the back of every ICE agent who is risking their life to protect our communities.' The insinuation Walz made is that federal law enforcement agencies under the direction of President Donald Trump are like the Nazi secret police deployed by Adolf Hitler. "When you said the words 'modern-day Gestapo,' you were referring to ICE agents," Emmer said. "Gestapo, by the way, sir, was the official secret police of Hitler's Nazi Germany. So, you're calling ICE agents modern-day Nazis." Sign up for the Blaze newsletter By signing up, you agree to our Privacy Policy and Terms of Use and agree to receive content that may sometimes include advertisements. You may opt out at any time. "Given the attacks on ICE agents that took place in Los Angeles over the weekend, don't you regard your dangerous, inflammatory rhetoric as a problem?" Emmer added. As Emmer pointed out, recent ICE raids in California have been met with violent riots, which he says have been incited by the extreme rhetoric of Walz and other leftist politicians. During these riots, ICE agents and other members of law enforcement have been attacked with rocks, have dealt with arsonists, and have even had details about their location leaked, compromising their safety. Walz stammered at Emmer's confrontation and failed to address his past comments. "It saddens me that you refuse to express regret from comparing ICE to Nazis," Emmer said. "ICE agents are brave Americans who get up every morning, leave their families, and put their lives in harm's way to protect our country, sir. You, at the very least, owe an apology to these dedicated public servants." "Inflammatory rhetoric such as yours, and the other governors on this panel, is responsible for putting a target on the back of every ICE agent who is risking their life to protect our communities." Like Blaze News? Bypass the censors, sign up for our newsletters, and get stories like this direct to your inbox. Sign up here!
Kamala, Newsom, AOC outed: Leaked DHS memo claims they back violent illegal aliens over Americans Candace Hathaway June 12, 2025 The department calls out Democrats putting Americans last. As President Donald Trump's Department of Homeland Security works to clean up the illegal immigration crisis caused by the former Biden administration, a leaked internal memo from the department named several "open borders politicians" who allegedly defended "illegal alien rapists, murders, [and] pedophiles." The unclassified memo accused progressive politicians of prioritizing illegal immigrant criminals and violent rioters over law enforcement and their American citizen constituents, citing the recent destructive and violent protests in Los Angeles, California, last week. 'ICE, get the f**k out of LA so that order can be restored.' "Since June 6, thousands of violent rioters protesting [Immigration and Customs Enforcement] operations in Los Angeles have assaulted law enforcement officers with concrete chunks and Molotov cocktails, attacked federal buildings, burned cars, and destroyed other public and private property throughout the city," the leaked memo read. "Still, open borders politicians have consistently defended, excused and denied the violence." The DHS accused the leftist politicians of attempting to blame the lawless protests on ICE. Sign up for the Blaze newsletter By signing up, you agree to our Privacy Policy and Terms of Use, and agree to receive content that may sometimes include advertisements. You may opt out at any time "Leftists slander law enforcement, lie about Trump policies, and praise illegal aliens," the memo continued. The department's internal document listed several Democratic politicians: former Vice President Kamala Harris, California Governor Gavin Newsom, Los Angeles Mayor Karen Bass, Senator Chris Murphy of Connecticut, and Representatives Alexandria Ocasio-Cortez of New York and Maxine Waters of California. Additionally, it referred to Rep. Norma Torres of California but mistakenly listed her as "Yvette Torres." The DHS included quotes from each of the individuals to support its claims that the politicians "put Americans last" by defending illegal alien criminals. It quoted Harris stating, "Demonstrations in defense of our immigrant neighbors have been overwhelmingly peaceful." The memo noted that Newsom, during his June 10th address to California, said, "[Trump's] administration is pushing mass deportations, indiscriminately targeting hardworking immigrant families, regardless of their roots or risk. What's happening right now is very different than anything we've seen before." A comment attributed to Bass read, "Stop the raids. There is a real fear in Los Angeles right now. Parents, workers, grandparents, young people scared to go about their daily lives. We are a city of immigrants. Washington is attacking our people, our neighborhoods, and our economy. "The DHS quoted Sen. Murphy stating, "This is a moment where we have to be on the streets all over the country. ... [President Trump is] trying to turn a protest that is pretty small into something that involves an even bigger confrontation." It included a comment from Ocasio-Cortez that read, "It is 100% carrying water for the opposition to participate in this collective delusion that Dems for some reason need to answer for every teen who throws a rock, rather than hold the Trump admin accountable for intentionally creating chaos and breaking the law to stoke violence." "ICE, get the f**k out of L.A. so that order can be restored," Torres was cited as saying. Waters was quoted as stating, "Don't think that somehow, because they called out the National Guard, there was violence. There was no violence." DHS noted that ICE arrested "murderers, rapists, pedophiles, and other heinous scumbags" during the Los Angeles operation. The department stated that the leftist politicians have continued to "stand firmly with foreign nationals invading America and causing mayhem" and therefore "do not care about the American people's safety or law enforcement." The DHS added that the politicians' policies would "never put America first" and that they are "squarely on the side of criminal illegal aliens." "The Trump Administration will always put the American people first and defend law enforcement working to keep America safe," the department concluded. Representatives for Harris, Newsom, Ocasio-Cortez, Bass, Torres, Waters, and Murphy did not immediately respond to a request for comment from Blaze News. Like Blaze News? Bypass the censors, sign up for our newsletters, and get stories like this direct to your inbox. Sign up here!
