What Are ‘Red Flag’ Laws?

USCCA - 07/27/2019




So-called “red flag” laws can vary based on location and can change rapidly. Essentially, a red flag law allows people to contact law enforcement if they see or hear something that leads them to believe a particular person is a threat. Then law enforcement is able to, without due process, work to deprive the “suspicious” person of his or her right to have firearms and potentially other weapons.

What Is Meant by ‘Without Due Process?’

Usually, when law enforcement is going to seize property or enter someone’s home without that person’s permission, there are certain judicial steps that must be followed. For example, before someone is convicted of something, he or she has the right and is typically given the opportunity to confront the accuser, is entitled to review the evidence and has the option of a jury trial.

When it comes to red-flag-law cases, the government may, on its own and often without the accused even having knowledge of the proceedings, take steps to determine if that individual should continue to have the right to own those firearms.

About Tom Grieve, Grieve Law

Tom Grieve is one of the most respected criminal defense lawyers in Wisconsin. A highly awarded former prosecutor, he started Grieve Law, LLC, which is one of the top criminal defense firms in the state. He developed a nuanced knowledge of Wisconsin firearms law. Tom has also received his certification as a firearms instructor and participates as a speaker and panelist with the USCCA for live broadcasts, national expos and training videos. He is even serving as a speaker and analyst on numerous TV and radio stations as well as on college and law school campuses.

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