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A Double-Filter Provision for Expanded Red Flag Laws: A Proposal for Balancing Rights and Risks in Preventing Gun Violence.
J Law Med Ethics
December 2020
Gabriel A. Delaney, M.Phil., is a second-year law student at Yale Law School in New Haven, CT. He received his Master of Philosophy in Comparative Government from the University of Oxford (2017) in Oxford, UK. He also received his B.A. in Political Science from the University of Pennsylvania (2015) in Philadelphia, PA. Jacob D. Charles, J.D., M.A., is a Lecturing Fellow and Executive Director of the Center for Firearms Law at Duke University School of Law, in Durham, NC. He received his J.D. from Duke University School of Law and his M.A. in Political Science from Duke University. He also holds M.A.s in Philosophy and Theology from Biola University in La Mirada, CA and a B.A. from the University of California Irvine, in Irvine, CA.
In response to the continued expansion of "red flag" laws allowing broader classes of people to petition a court for the removal of firearms from individuals who exhibit dangerous conduct, this paper argues that state laws should adopt a double-filter provision that balances individual rights and government public safety interests. The main component of such a provision is a special statutory category - "reporting party" - that enables a broader social network, such as co-workers or school administrators, to request that a law enforcement officer file a petition for an Extreme Risk Protection Order (ERPO). A double-filter provision would not give reporting parties a right to file a court petition directly.
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