[20190807]IF11205_第116届国会枪支“红旗”法案.pdf

https:/crsreports.congress.gov Updated August 7, 2019Firearm “Red Flag” Laws in the 116th CongressIn the last year, federal and state legislators have shown increased interest in passing so-called “red flag” or “extreme risk protection order” firearm laws. In general, such laws permit courts to issue temporary orders barring particular persons from possessing guns based on some showing of imminent danger or a risk of misuse. Following the February 2018 shooting at Marjory Stoneman Douglas High School in Parkland, FL, states have increasingly considered and enacted red flag laws. Legislation has also been introduced in the 116th Congress that would supplement or incentivize these state laws, criminalize at the federal level violations of qualifying extreme risk protection orders, or both. The Senate Judiciary Committee held a hearing on the subject of red flag laws in March 2019. This In Focus provides an overview of the general features of red flag laws that have been enacted at the state level, briefly describes some of the red flag proposals in the 116th Congress, and notes the primary constitutional arguments that have been raised in favor of and in opposition to such laws. Gen