Typically, a relative or other confidants of a person will issue the request to a judge for a gun seizure after hearing concerning statements from a person or witnessing other strange behavior. A judge will then review the case and make an initial order, mandating the person temporarily relinquish all of his or her guns and ammunition for a period of time, such as three weeks, pending further court hearings.
Someone who has their guns seized can petition the order to regain the firearms. A court can also issue a longer-lasting final order to sequester arms for an extended period of time such as six months or a year, depending on the law in place.
The details of red flag laws vary from state to state. Sometimes, the policy is referred to as “extreme risk protection orders,” “firearms restraining orders,” “orders for protection against high-risk behavior,” or “lethal violence protective orders.” Red flag laws have been implemented in over a dozen states across the country. Florida is the only red state with a red flag law in effect, according to Pew Trusts.
Some conservatives have expressed support for red flag laws, including former President Donald Trump and other Republicans such as Rep. Dan Crenshaw (R-TX) and Sen. Marco Rubio (R-FL). Support for the measure appears strong among Democrats, with President Joe Biden and top party brass backing red flag laws. Previous efforts to push red flag laws in Congress have stalled in the Senate amid disputes over the details.
Critics of the provision, such as former National Rifle Association spokeswoman Dana Loesch, argue it can infringe on someone's constitutional right to bear arms and buck due process. They fear the measure could result in the punishment coming before a crime and before a person can defend themselves against accusations levied against them. Gun rights advocates have also voiced concerns that red flag laws could be used for frivolous gun seizures by distraught associates who had a bone to pick with someone, instead of credible concerns.