State Senator Royce Duplessis (D - Orleans, Jefferson) Introduces A "Red Flag" Law
Has submitted a bill to confiscate firearms
A bill to confiscate firearms, pre-crime, has been submitted this legislative session by State Senator Royce Duplessis, representing Orleans and Jefferson Parishes.
Commonly referred to as a “Red Flag Law” this legislation “provides for the seizure of firearms from persons who pose a risk of imminent injury to self or others.”
These type of laws generate quite a few questions, which we’ll pose later, but our purpose is to alert our readers…
SB 212 (not to be confused with HB 212, regarding the recall of elected officials) …
Senate Bill 212 is summarized within the bill:
Proposed law authorizes a district attorney or assistant district attorney to petition the court for the issuance of a warrant for the search for and seizure of any firearm from any person when the petitioner has probable cause to believe all of the following:
(1) The person poses a risk of imminent personal injury to himself or to another person.
(2) The person possesses one or more firearms.
(3) The firearm or firearms are either within or upon a specified place, thing, or person.
Proposed law provides as follows with regard to the procedures for the application for and issuance of the warrant:
(1) Prohibits the filing of a petition until the district attorney or assistant district attorney has conducted an independent investigation and has determined that there is such probable cause and that there is no reasonable alternative available to prevent the imminent harm.
(2) Requires the court to consider certain factors in making its determination including any of the person's recent threats or acts of violence to himself or others and recent acts of cruelty to animals.
(3) Authorizes the court to consider additional factors in making its determination, including but not limited to the following: the reckless use, display, or brandishing of a firearm by the person; the history of the use, attempted use, or threatened use of physical force by the person against another person or persons; prior involuntary admission of the person to a treatment facility for persons with mental illness or substance-related or addictive disorders; and the illegal use of controlled dangerous substances or abuse of alcohol by the person.Proposed law provides that if the court is satisfied that the grounds for the petition exist or that there is probable cause to believe that they exist, the court shall issue a warrant, directed to any peace officer, naming or describing the person, place, or thing to be searched and the grounds or probable cause for its issuance.
See the bill in its entirety HERE.
We will stay on this and report back …
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