Report page 58

Court-ordered removal: Some states have implemented extreme risk protection orders (ERPOs), also known as red flag laws, which allow for certain individuals (e.g., law enforcement or family members) to petition for the temporary confiscation of firearms from an individual of concern if the court agrees that the individual poses a risk of harm to themselves or others.

ERPOs follow procedural due process to protect the rights of gun owners while providing an important public safety tool for communities to limit access to firearms in cases where an individual poses an articulable risk of violence.

Enforce existing firearms laws: Another strategy for limiting access to weapons is to enforce existing laws designed to keep firearms from individuals who are not legally permitted to possess them.

NTAC research has found that many mass attacks in the United States involved a firearm that was illegally possessed at the time of the attack.

Federal law has established several longstanding prohibiting factors that make it unlawful for certain individuals to purchase or possess a firearm, including a prior felony conviction, a dishonorable discharge from the military, and being the subject of a current restraining order. Other noteworthy prohibiting factors include illegal drug use within the past year and any prior conviction for a crime of domestic violence (felony or misdemeanor).

All law enforcement and other public safety officials must be aware of these restrictions, as well as any additional state or local restrictions, and should take steps to ensure these laws are enforced.

In some instances, an individual of concern may not own or have access to firearms but may reside with someone who does. In these instances, the BTAU should speak with the owner and encourage them to reduce the individual’s ability to access the weapons.

If the owner is unwilling to remove the firearms from the home, the BTAU should discuss safe gun storage to ensure the firearms remain in a locked safe and to ensure the individual of concern does not have access to the combination or keys.

Law enforcement can also educate all parties involved regarding any legal restrictions on allowing firearms access to individuals who are prohibited from possession under federal law.

Although the goal of a behavioral threat assessment is not criminal prosecution, there are times when arrest and prosecution are necessary. When the BTAU is made aware of an incident involving a threat with a weapon, physical violence, stalking, harassment, or other criminal behaviors, criminal charges may play a critical role in ensuring public safety.

In these cases, the BTAU may work with the justice system to pursue conditions for pretrial release or probationary requirements.

If criminal charges result in new firearms possession prohibitions (e.g., domestic violence conviction or felony conviction), the BTAU should work to ensure that any firearms are confiscated in accordance with existing federal law.