Kansas bills would block ‘red flag’ orders

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Kansas residents under a court order to turn over their guns would be shielded from having to comply, under proposals before the Legislature when it returns next month.

Twin bills filed in the House and Senate would prohibit Kansas authorities from enforcing so-called “red flag” orders issued in other states barring Kansas residents from possessing weapons because they are considered a danger to themselves or others.

The “Anti-Red Flag Act,” bans enforcement of any court order “for which the primary purpose is to reduce the risk of firearm-related death or injury” by stopping individuals from owning or having a gun.

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According to Giffords Law Center:

Seventeen states and the District of Columbia currently have ERPO laws. Twelve of these states and DC allow family or household members as well as law enforcement to submit a petition for an ERPO, including Maryland and DC which also allow mental health providers to petition; New York which also allows school administrators to petition; and Hawaii which allows medical professionals, coworkers, and educators to petition. Three states limit the category of petitioners to law enforcement only. Two states (Connecticutand Indiana) have risk-based firearm removal laws that are similar to law enforcement-only ERPOs. The two risk based removal laws are discussed separately from other ERPOS in the Firearm Removal Laws Section below.