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Along Party-Line Vote, Virginia Senate Passes Red Flag Law

Steve Helber
/
AP

 

 

A controversial measure that would make it possible for police to temporarily take guns from someone deemed a danger to themselves or others passed Virginia’s Senate Wednesday. 

 

The measure is commonly called a red flag law and 17 states already have one. Virginia is now on track to join them.

A judge, local prosecutor, and police would all have to agree someone is dangerous. Then they’d give the person time to hand over any firearms, eventually serving a warrant. The initial order would be temporary, two weeks, and allow the individual to petition the court to have their guns back. 

Research suggests red flag laws, also called extreme risk protective orders, are effective in lowering suicide rates. In Virginia, nearly two-thirds of gun deaths are suicides. Here’s Democratic Senator George Barker.e

“They have reduced the deaths in several states, particularly suicides, and also have been used in several situations for threats of mass shootings,” ,” said Democratic Senator George Barker, the bill’s patron. 

 

Every Republican in the Senate voted against the bill Wednesday. Senator Bill Stanley says in addition to infringing rights, the legislation doesn’t address mental health concerns.

“The object of this bill isn’t that help which that person should get. But rather it’s removing another gun, and another gun, and another gun,” Stanley said before casting his no vote.  

Although the measure has passed the Senate, it still has to make its way through the House. The measure could change in the process. Barker said he was open to making adjustments based on due process concerns. 

The Governor has said he’ll support a red flag law.

 

This report, provided by Virginia Public Radio, was made possible with support from the Virginia Education Association.

 

Mallory Noe-Payne is a Radio IQ reporter based in Richmond.
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