“The Supreme Court has not ruled on the issue of red flag laws, which is still an emerging area of law, Chittum said.”
I’ve previously written about SCOTUS’ decision in Caniglia v. Strom (https://lnkd.in/gXx-85r2), rejecting a blanket “community caretaking” exception to the Fourth Amendment. The case involved the seizure of firearms from a man police took into custody for a mental health evaluation. In a concurrence, Justice Alito also highlighted the unresolved, tangential issue of “red flag” laws.
I’ve also written about U.S. v. Rahimi (https://lnkd.in/gXs8qV_Z), where the Court upheld a civil procedure that disarmed a dangerous person. The federal law at issue in that case requires a measure of due process before the prohibition applies.
But can police seize the firearms of a person they take into custody for a mental health check BEFORE a court is involved? (Remember that mental health holds are a civil matter; it is not a crime to be unwell.)
A new law in Nevada allows it. So does the law in other states, like California’s “5150” law (which always makes me think of Van Halen: https://lnkd.in/gH_a8ZuQ).
CNN’s Emma C. Tucker wrote a story about Nevada’s new law and related issues. I offered some observations on what I think is still a little bit gray (https://lnkd.in/g7FACdJf).
You can read the story here: https://lnkd.in/gx-v-Mgw.