Legal Massachusetts gun owners who act violently or suicidal could lose the right to their firearms for a year under a bill signed into law Tuesday by Republican Gov. Charlie Baker.
These “red flag” laws, now passed in 12 states, let a family member, friend, or police officer petition a court to have a gun taken away from people who appear to show signs of endangering themselves or others. Medical advocates have rallied behind these “extreme risk protection orders” as a way to prevent suicides, two-thirds of which are carried out using firearms, as well as accidents and deaths caused by people with a mental illness or dementia.
“Massachusetts’ gun laws are a model for the nation, and creating an additional pathway to keep guns away from people unfit to possess them will make our laws even stronger,” Baker said in a statement. “This law creates a responsible way to help prevent gun deaths and suicides while protecting individuals’ Second Amendment rights.”
The law takes effect in 45 days and people who are subject to the order are allowed to appeal. Penalties are in place to prevent people from filing false accusations, but the Gun Owners Action League of Massachusetts, an NRA affiliate, has called the measure a “constitutional crisis.” Gun rights groups say these types of laws fail to address mental illness.
Under Massachusetts law, people who are concerned about potentially violent gun owners can petition a District Court judge to immediately suspend their gun license and temporarily confiscate their weapons.
The cases will require judges to hold hearings within 10 days after the petition to decide whether that person poses a risk. If they decide to move forward with the order, then the gun owner must surrender the firearm, turn over their ID cards and permits, and stay away from guns for a year. Their information also goes into a federal database that bars them from buying guns elsewhere.
Massachusetts is among seven states, including Florida, that has passed this measure following the mass shooting at Marjory Stoneman Douglas High School in Parkland, Fla. The accused gunman, Nikolas Cruz, had shown warning signs over the years and violent behavior that led to multiple calls to law enforcement.
