Rep. Katko introduces bill to curb gun violence

U.S. Rep. John Katko (R-NY) introduced the Protecting our Communities and Rights Act of 2018 this week, which would establish a process to allow law enforcement to confiscate guns from individuals who are dangerous or unfit to have them.

It is a federal version of “red flag” laws that have been instituted in several states, where law enforcement can temporarily restrict access to firearms if individuals demonstrate “red flags” that they may be a danger to themselves or others.

Katko’s bill is different in that it would allow states to intervene through the creation of a more detailed process for doing so that involves a hearing and requires Extreme Risk Protection Orders (ERPO). It says the state may only deprive a person of a right to possess firearms after a hearing where the person has notice and is given an opportunity to participate. The hearing must include a finding of dangerousness by a neutral decision-maker. It would also limit any prohibition on an ex parte, or emergency hearing, order to purchasing or receiving a firearm. Further, the ERPO would expire in one year and require the same procedure to renew the mandate. It also provides a mechanism to return guns expeditiously when the order expires or is terminated.

“With gun violence continuing to plague our nation, our constituents have demanded action, and rightfully so,” said Katko, who serves on the House Homeland Security Committee and is chair of the Transportation and Protective Security subcommittee. “In Central New York, our law enforcement face a serious challenge when an individual exhibits warning signs that may escalate into tragedy. The bipartisan measure I’ve introduced today prioritizes the safety of our communities by giving local law enforcement the tools that they need to protect individuals who may be a danger to themselves or others while ensuring constitutional due process rights are afforded.”

The bill was co-sponsored by Reps. Collin Peterson (D-NY), Henry Cuellar (D-TX), Mario Diaz-Balart (R-FL), David Young (R-IA), John Curtis (R-UT), and Barbara Comstock (R-VA).

“To reduce gun violence, we need to focus on addressing the root causes of these incidents without infringing on the constitutional rights of upstanding citizens,” Cuellar said. “That is why I am a cosponsor of this bipartisan piece of legislation, which takes a commonsense approach to keeping guns out of the hands of people who should not have them. By incentivizing states to implement red flag gun laws through providing resources to our law enforcement, we are working to safeguard our constituents from unnecessary violence, while still respecting the rights of law-abiding Texans and Americans.”

Curtis said more must be done to keep firearms out of the hands of violent individuals and the mentally ill.

“When we work together to find solutions to gun violence, we are able to get results that make a real difference,” Comstock said. “Earlier this year we passed The Fix NICS bill to improve the criminal background check system for gun purchases, The STOP School Violence Act to provide more money for school safety and violence prevention, and my Project Safe Neighborhoods legislation which funds programs to reduce crime in our communities. I appreciate the bipartisan work done on the Protecting our Communities and Rights Act to provide law enforcement or family members the option of obtaining a court order to prevent firearm purchases and possession by individuals who pose a significant threat to themselves or others while providing due process protections. Such ‘red flag’ laws have been enacted in several states, from Indiana to Connecticut, and including most recently in Florida.”