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You heard many headlines, mass shootings happening across our nation. More people want to prevent these atrocities, law enforcement does too. However, this issue can create problems because some of those mass shootings aren’t carried away by ideological or fanatics of some sort. Investigations have concluded people with extreme mental illnesses have committed these crimes. In some cases, family members of those responsible failed to see the signs of an imminent attack. Those with mental illnesses didn’t wake up one day and said, “Hey, I’m mentally ill, let’s go and hurt people.” In fact, many people with mental illnesses will never hurt another human being. In his book, author Gavin de Becker, “The Gift of Fear,” explains humans have developed a tremendous tool which can guarantee their survival. Some of us, police officers, call FEAR a “gut-feeling” or instinct. Gut-feelings is a predecessor of reasonable suspicion. You know something is wrong, but you don’t exactly what’s going on. What do you do? You ask more questions, dig deeper, and find what were you looking for. The same is for our court system, lawmakers believe if you just feel someone is a threat, then we must take their guns away. These lawmakers started new laws, known as Red Flag Gun Laws. What Are Red Flag Gun Laws? “Extreme Risk Protection Order” (ERPO), also known as Red Flag Gun Laws, is a legislative statute. Red Flag Gun Laws allow law enforcement to strip anyone with mental illnesses from possessing firearms while undergoing evaluation. Police officers will have submit an application for a warrant with a judge. After the judge finds credible and substantial facts, any person is a danger to themselves and others, officers might seize firearms for an unknown time frame. Is this really a violation of their due process rights? Well, the idea is complicated. In some states, ERPOs can only be filed by police, while in other states like California or Maryland, spouses, roommates and close relatives can ask courts to remove firearms out of safety concerns. While removing firearms can be seen as a violation of our second amendment right, many law enforcement officers expressed their desire for a fair due process and using “the totality of the circumstances” before taking firearms away according to “Policing Matters” podcast. While reading some comments, many highlighted, for example, some officers weren’t satisfied with states who lack mental health resources. As police officers, we encounter mentally ill people who are in distress or seeking help. Nevertheless, depending on where you patrol, some of those resources aren’t there. Which leaves those sick people finding relief by using legal and illegal controlled substances. Even the Health Insurance Portability and Accountability Act (HIPAA) could be detrimental preventing crimes. Physicians or mental health professionals may inform law enforcement when they believe a person might be a risk for violence. If one of those professionals knew a person might be planning an attack, police could investigate. In a brochure published by the American Hospital Association, they specify hospitals don’t have to share information if they don’t feel is necessary. “A hospital may not disclose patient information to avert a serious threat to health or safety if the information was obtained in the course of treatment to affect the propensity to commit criminal conduct; counseling or therapy; or through the individual’s request for such treatment, counseling, or therapy.” Another officer expressed concerns about taking property from mentally ill people. This officer stated it was better evaluate the ill person at a mental facility than just taking weapons away. This officer made a good point, mentally ill people who have clearly shown violent tendencies will find a way to harm others. Other weapons could be vehicles, knives, improvised explosive devices, etc. Again, we're going back, a reform is needed for our current mental health laws and accommodations for mentally ill people. Many states already had provisions in their laws which helped law enforcement officers seize firearms. My home state of Texas, in clearly specifies in the Health and Safety Code, Chapter 573, guidelines for officers for firearms confiscations from mentally ill people. When there is a substantial risk of serious harm to the person or to others unless the person is immediately restrained and believes that there is not sufficient time to obtain a warrant before taking the person into custody. The officer can take the distressed person into custody for evaluation. Substantial risk is justified by current behavior or evidence of severe emotional distress and deterioration in mental condition to the extent that the person cannot remain at liberty. These facts can be obtained from a credible person or officer’s observations. The officer shall immediately transport the person to a hospital, mental health facility, or jail where mental health professional must evaluate the person who was detained. The statue then expands to the seizing of the firearms by saying: A peace officer may immediately seize any firearm found in possession of the person. After seizing a firearm under this subsection, the peace officer shall comply with the requirements of Article 18.191, Code of Criminal Procedure. Then officers shall issue a receipt to the detained person stating which weapons were taken accompanied by a written notice of the procedure for the return of firearms. The agency then needs to notify via mail, no later than the 15th day, to the closest relative how this person can retrieve the guns being held by the law enforcement agency. As you see, in Texas, officers will seize firearms but will attempt to return those guns for safekeeping. This statue emphasizes due process as well as our right to bear arms. People are medically treated, but property won’t be kept by government officials. Texas goes even further by protecting people’s rights. If patients couldn’t get anyone to take his/her guns for safekeeping. The agency must sell any weapons through an authorized gun dealer, and all proceeds of any sale must go into the rightful owner’s account! Let me walk you through an example, let’s say you just went through a traumatic event like a burglary or an extreme domestic violence case. Based on Texas law, if you suffer an emotional disturbance, like PTSD, where your family or law enforcement believe your best course of action is a mental health facility. Law Enforcement officers will seize any guns at home, but immediately transfer them to any person you designate. If you are evaluated and medical professionals believe this was an isolated incident, all weapons can lawfully be returned back. Though, in those states with Red Flag Gun Laws, this process could take longer, placing you at risk. Think about this, if you just went over any of those scenarios and you feel you ex might come over and attack you at night. Would be safer for you to defend herself, and not cookie-cut specific circumstance as with Red Flag Gun Laws indicate? Every situation is different, and each jurisdiction should have the freedom to analyze, investigate, and conclude our best action for each person who is suffering mental distress episodes for the safety of the community. Although, research in Connecticut shown Red Flag Gun Laws had reduced suicides since 1999 when this law was enacted. Taking this information into consideration, Red Flag Gun Laws should also consider our rights of into account not only numbers. Many people believe if they seek help for their depression and possible suicide thoughts, their second amendment will be dismissed and their weapons will be confiscated. Currently, Title 18 U.S.C. Section 922(g)(4) stated a person who is committed to a mental institution voluntarily won’t find themselves disqualified for the ownership of firearms. Consequences of Red Flag Gun Laws Back in 2018, Maryland law enforcement officers attempted an execution of a seizure warrant on a man with mental health problems. While speaking with the subject, one officer began executing the order. This conversation prompted a confrontation which ended his life. One officer shot the homeowner because he didn’t want to let go of his gun. Many people just miss their court date after being legally declared in good mental condition, and they can obtain their guns back. Legal fees lost work dates, or life changes can be a complication for these people. Going through our court system isn’t free! My opinion More information plus acknowledgment from our public officials is needed to help people with permanent or temporary mental illnesses. As police officers, we can’t take people’s rights away, neither should government nor state's legislature should do it without due process. Police officers are placed at risk when these laws are enacted because we will be executing those legal documents. More states should base their Red Flag Gun Laws like Texas Legislature has done. Here in Texas, we believe in the protection of the public. Also, we believe in the protection of each individual’s rights. Gun laws are a complicated issue: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Resources: 1. de Becker, Gavin. The Gift of Fear. Narrated by: Thomas Stechschulte. Audible, 2017. Audiobook. 2. Should police be allowed to seize guns from the mentally ill? [Audio blog interview]. (2019, March 22). Retrieved March 24, 2019, from http://bit.ly/2Cwx2BN Show: “Policing Matter” 3. RECEIPT AND NOTICE OF RIGHTS FOR SEIZED FIREARMS Incident#. http://www.houstoncit.org/wp-content/uploads/2013/09/Receipt-and-Notice-of-Rights-final-draft-3in-1.pdf 4. Texas Law for Court Ordered Drug Rehab and Involuntary …. https://careplanpro.com/texas-law/ 5. https://www.texastribune.org/2018/06/18/texas-gun-red-flag-laws-santa-fe-greg-abbott/ 6. https://www.atf.gov/file/58791/download 7. https://gunresponsibility.org/solution/erpo/ 8. https://www.ammoland.com/2018/12/anti-gun-bills-to-be-introduced-in-texas/#axzz5j6iKiSBK 9. https://www.ammoland.com/2019/01/texas-already-has-extreme-risk-protection-order-laws/#axzz5j6iKiSBK 10. https://www.denverpost.com/2019/02/25/gun-laws-red-flag-colorado/ 11. https://www.aha.org/system/files/2018-03/guidelinesreleasinginfo.pdf