By Corinne Murdock |
Attorney General Kris Mayes says she will push for a new “red flag” law to not only take away guns from those viewed as posing a threat to others, but those with whom the individual resides.
“Red flag” laws enable a judge to issue a gun confiscation order if an individual’s behavior indicates they may harm themselves or others. Mayes told AZ Family that her proposed law would also extend to guns owned by others within the same household, not just the individual exhibiting problematic behaviors, should the red flag apply to those under the age of 18.
“We could essentially go after that gun,” said Mayes. “A teacher, or anybody who has lived with that person or lives with that person could apply for a protective order and could get that order against that juvenile.”
Mayes promised that the gun confiscation order would be temporary and focused on ensuring the safety of K-12 and higher education institutions. Those whose guns would be confiscated must defend their right to their guns in court in order to get them back.
“This is probably not going to happen all that often. But for the people who don’t die as a result of us having these protective orders in place, this is probably going to be important and this could make a difference,” Mayes said.
In an interview with the “Mike Broomhead Show” last Thursday, Mayes said the litmus test for obtaining court-ordered gun confiscation would hinge on whether an individual presents a clear and present danger.
“That red flag law would allow a court to remove firearms from a person based on clear and convincing evidence that a person will pose an immediate and present danger of personal injury or death to any person at a K-12 institution or our universities,” said Mayes.
The attorney general’s plans for the next legislative session follow greater pushes from Democratic leaders to establish greater forms of gun control: universal background checks, sweeping bans on “assault” weapons and high-capacity magazines, banning ghost guns, and eliminating gun manufacturers’ liability immunity.
In March, Mayes withdrew the state from a multistate lawsuit challenging the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regulation on ghost guns. Those are unregulated, unserialized firearms made by buyers from a kit.
Then in May, Mayes filed an amicus brief urging a federal court to support the federal prohibition on firearms sales to individuals under the age of 21.
The state’s Democratic leaders have also pushed back against lawmakers’ efforts to expand the influence of lawful gun ownership on K-12 and university campuses.
Over this last legislative session, Gov. Katie Hobbs vetoed SB 1331, allowing parents to conceal carry firearms on campus; HB 2332, requiring students to undergo firearm training; and HB 2667, barring universities and colleges from prohibiting students from carrying guns on campus.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
