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Examining Virginia's red flag law following the Maine mass shooting

Gun
Posted at 6:08 PM, Oct 26, 2023
and last updated 2023-10-27 12:48:04-04

NORFOLK, Va. — As America grapples with another mass shooting, Maine's gun laws are being scrutinized.

Compared to Virginia, Maine does not have a red flag law, but how effective has that law been in the Commonwealth?

The law lets police take someone's guns if they are deemed to be a threat to themselves or others under an emergency substantial risk protection order.

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Within 14 days, there has to be a hearing with a judge to discuss whether to make the order last for six months.

"How many of these risk orders that have been issued would have or could have turned into a shooting or injury or a death? We don't know. We can't measure a negative, but we trust the courts," said Lori Haas, Advocacy Manager for the Center for Gun Violence Solutions at the Bloomberg School of Public Health at Johns Hopkins University.

Data reported to State Police shows there have been hundreds of the orders issued since the law took effect in 2020, including nearly 200 so far in 2023 on an emergency basis.

"During that time of crisis, a judge may say, 'Hey, temporarily let's just disarm and get this situation under control,'" said Haas, whose daughter was injured in the Virginia Tech shooting in 2007.

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Still, others point to different solutions.

"We have and have had a better tool than red flag," said Philip Van Cleave from the Virginia Citizens Defense League. "Red flag violates our civil rights."

"Virginia has temporary detention order laws that allow someone to be taken and evaluated without losing their rights," said Van Cleave.

Despite the mixed opinions on the law, it is clear Virginia police officers are using them more and more.

In 2023, 199 emergency risk orders have been issued already, compared to 191 in 2022.