Hours after President Joe Biden advised the state to adopt a law to reduce gun violence, the court allowed the court to temporarily seize guns from people who were considered a threat to themselves and others. The North Carolina bill was submitted Thursday.
But if history is a guide, Democrats will have a hard time passing such a “danger signal” bill in North Carolina.
Submitted by three of them, Congressman Masha Molly of Durham, John O’Leary of Charlotte, and Grier Martin of Wake County. House Building 525 Thursday The 10-page proposal just before 4 pm is for an “extreme risk protection order” that a family member, current or previous spouse or partner, law enforcement agency, or healthcare provider can pursue to temporarily remove a gun from someone. Provides an overview of the process. Who decided it was dangerous?
Around noon on Thursday, Biden outlines his administration’s immediate plans and future actions to deal with gun violence, which kills about 106 people a day and inflicts about 316 people in the United States. did.
Immediate steps included the publication of a model law for states wishing for a danger signal law.
According to Biden, 19 states and Washington, DC have adopted similar legislation.
But in North Carolina, where the Republican Party controls parliament, a similar bill has been unsuccessful. Senator Danny Britt of the Robeson County Republican Party said it was because North Carolina voters elected people to prioritize the protection of the rights of Article 2 of the Constitutional Amendment.
The Hazard Signals Act, sometimes referred to as the Gun Violence Control Order or the Extreme Risk Protection Order, was introduced in North Carolina in 2018 and 2019, but was not adopted.
Mr Brit said he was opposed to taking the gun away “without proper procedure.”
He said the system forbids some people who already have a history of mental illness from having a gun.
“As long as they take the guns of those they already have without a judicial decision that the person is mentally incompetent, I would be very opposed,” he said.
Common sense gun control?
Molly pointed out that other states, including the Republican-dominated state, passed the bill.
“I think the appearance of today’s president, who strongly supports this measure, is a change. I think it’s a common-sense law that needs to be understood and heard,” Molly said.
The process is similar to obtaining a domestic violence protection order, Molly said. Under that process, someone first seeks temporary orders that may extend protection against others without their participation after an additional hearing attended by all parties. can do.
Paul Valone, president of GrassRoots North Carolina, a gun advocacy group, said the Red Flag Act would deprive people of their civil rights without proper due process.
Mr. Vallone also said he was concerned about people whose guns were taken away without being notified or participating in the initial process. He said that this and other proposals by Biden and his administration were a step towards initiating “gradual disarmament of citizens against the Second Amendment to the Constitution.”
UNC School of Government Blog He pointed out that it is doubtful that most danger signal laws violate the Second Amendment to the Constitution.
“Obviously, the more the Locomotive Act protects the rights of respondents, the more likely they are to survive the scrutiny of the Second Amendment,” Jeff Welty wrote in his blog. “But the limited case law we have so far suggests that many danger signal laws are considered constitutional.”
Prosecutor, law enforcement agency
Rollin Freeman, a lawyer in the Wake County district, said he supported the Danger Signals Act to help address delays and gaps in mental health services.
Wake County prosecutors often see law enforcement agencies aware that someone is facing a mental health crisis and poses a threat of violence, but that person is connected to mental health. While there is no tool to prevent that person from accessing weapons, according to Freeman, health services.
“It’s basically a timeout,” says Freeman. “Pause here to allow authorities and healthcare providers to understand the situation and assess the risk of mass violence, violence against themselves, or violence against others.”
She said the judge could return the firearm if appropriate safeguards were taken.
In a statement, Durham district lawyer Satana Deberry said the Danger Signals Act and community-based violence intervention programs were targeted solutions with proven records of success.
“The district attorneys understand how domestic violence can escalate and become fatal,” she said. “The presence of a gun in a house experiencing domestic violence greatly increases the risk of the victim being killed. Danger signal law can be a life-saving intervention in these situations.”
Durham County Sheriff Clarence Burkehead is also a supporter of the bill and will work with Molly to move the bill forward, he said in a statement.
“I’ve always been a supporter of responsible gun ownership,” he writes.
“This is fashionable”
Biden’s Thursday announcement was his first important presidential action on guns as the country dealt with multiple shootings in recent weeks.
Here are some other steps that the Biden administration will take:
▪ ▪ A so-called “ghost gun”, a gun made from a complete or near-complete kit, is serially numbered and requires an authorized firearms dealer to perform a background check before sale.
▪ ▪ Releases an annual report on the trafficking of guns in the United States. The last report was in 2000.
▪ ▪ According to Biden, the target pistol, modified with a stabilizing brace that effectively turns the pistol into a short-barreled rifle, complies with the National Firearms Act, and potential owners must register with federal authorities. There is.
These and other proposed changes would help the country deal with gun violence, Mr Biden said, a “public health crisis.”
“Our flag is still half-masted because of the victims of the murder of eight more Asian Americans in Georgia when the mass murder in Colorado killed another ten people. I did, “said Biden.
In less than a week, Biden said there were more than 850 additional shootings that killed 250 people and injured 500.
“This is fashionable for God,” Biden said. “And it has to stop.”
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