The law is nicknamed “Red Flag Law” for when a person exhibits a ‘red flag’ or other indicator that they may be a harm to themselves, or others. They can be reported to quickly remove a weapon from somebody who is at risk.

In the wake of shootings, Mr. Biden used his address to reassure the nation urging congress to pass a national red flag gun law. In his speech, he says, “According to new data just released by the Centers for Disease Control and Prevention, guns are the No. 1 killer of children in the United States of America.” Searching for confirmation, CDC’s site says, “Injury is the leading cause of death for children and adults between the ages of 1 and 45.” No separations for guns, but despite what Biden said, it is not firearms that is the most danger to children. Accidents, overdosing and suicide are the top major causes.

The latest data CDC sites is 2020. Oregon ranks in the second to lowest out of five categories for firearm deaths and 16 th in the nations based on population. Oregon statistics reveal that 13 out of 100,000 were from firearms. To put it in perspective, the leading cause of death in Oregon is cancer followed by heart disease and third is accidents. At number seven is 27 out of 100,000 died of Covid-19, 19 out of 100,000 overdosed, and 4 out of 100,000 were homicide victims. Suicide is ninth in causes of death. Firearms is not listed in the top 10 causes of death.

Attorney General Ellen Rosenblum put out a statement reminding Oregonians that in 2017 the extreme risk protection order (ERPO) was passed by a narrow margin.

"Many of us are asking how we can better keep Oregonians safe and keep guns out of the hands of the wrong people. While there is still a lot of work to do, Oregon has made significant gains to strengthen our gun safety laws…. the “Extreme Risk Protection Order” or “Red Flag Law,” allowing courts to take weapons away from people who are at risk as a danger to themselves or others. It is my hope that all Oregonians know about these laws so we can get guns and other weapons away from people who shouldn’t have them."

Oregon’s Red Flag law limits who can make a request to a concerned family member, household member, or law enforcement officer. It involves asking the court for an Extreme Risk Protection Order (ERPO), which will remove a weapon, or a concealed handgun license, from an individual who is at risk for suicide or is a danger to others. An Order also prevents the person from buying additional guns for a one-year period.

The court must hold a hearing typically the same day or within 24- hours. The person who requests the petition must appear in person or by video at the hearing. If the person who is at risk requests a hearing, then the court must hold an additional hearing within 21 days. If the judge agrees, all weapons and concealed handgun permits must be surrendered within 24-hours of issuing the Order. The court must hold a hearing typically the same day or within 24-hours. The person who requests the petition must appear in person or by video at the hearing.

A D V E R T I S E M E N T

A D V E R T I S E M E N T

If the person who is at risk requests a hearing, then the court must hold an additional hearing within 21 days, and the Order is usually effective for one year.

Thirteen states have adopted forms of red flag laws. Provisions vary by state on matters such as who can initiate the process, if a warrant is required, what factors are considered for the firearms to be removed from possession, how long the guns are restricted, and the process by which the individual may regain access to the guns. The length of time that guns are restricted under these extreme risk protection orders (ERPOs) depends on the circumstances and can usually be extended.

States with red flag laws are claiming a reduction in suicides (by firearms). In 2013 guns were used in Oregon suicides twice as often as poison, the second most popular method. The rate of suicide has not changed per population, but last year, non-medical drugs were listed as the highest impact on suicide.

What opponents of red flag laws fear is the “foot-in-the-door.” Oregon’s law is restrictive, but as Rosenblum says, “there is still a lot of work to do.” Governor Brown is famous for saying, “we can do better.”

What does that really mean? More gun laws will not stop the illegal use of weapons.


--Donna Bleiler

Post Date: 2022-06-06 23:42:14

Last Update: 2022-06-08 09:01:41