FRANKFORT — Three state senators – a Democrat and two Republicans – announced Thursday they will push for a Kentucky “red flag” law that would allow guns to be confiscated from anyone deemed a serious danger to themselves or others.
Days after the mass shootings in Texas and Ohio left 31 people dead, the senators said they are crafting legislation adopted in 17 other states that would let law enforcement, family members and perhaps others petition a judge to authorize the confiscation of firearms from someone who poses such a threat.
“It’s not about taking guns. This is about protection of people because it’s a strange new world out there now,” said Sen. Paul Hornback, a Shelbyville Republican who described himself as a strong advocate for the Second Amendment right to bear arms.
Hornback was joined at a news conference in the Capitol Annex by Senate Minority Leader Morgan McGarvey, D-Louisville, and Senate Majority Caucus Chair Julie Raque Adams, R-Louisville.
They said that while last weekend’s shootings reinforce the need for such a law, they’ve been working for a long time to come up with a bill that can, McGarvey said, “protect Kentuckians from violence, but also protect Kentuckians’ rights.”
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McGarvey said, “Doing nothing isn’t an answer. We’re tired of hearing there’s nothing we can do when we’re doing nothing.”
Bills that can be considered some form of gun control have little hope in the Kentucky General Assembly. McGarvey introduced a red flag bill during the session of the General Assembly earlier this year, and it was ignored.
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Red flag laws vary among the 17 states that have them. In Indiana, only law enforcement can request an order to remove weapons. But in Oregon, any person living with the person they are concerned about can file a petition.
The senators said Thursday that they are still working out the details and have not determined who, besides law enforcement and probably family members, should be given authority under the law to file a petition with the courts.
“We want people who have a close relationship, that know what’s going on … to have the ability to petition and get someone else to look at this and see they are a danger to themselves or others,” McGarvey said.
Adams said in other states, “These types of laws have proven that they decrease suicide.”
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The senators said they want to be sure the bill protects the due process rights of the person believed to be a safety threat. And Hornback said the bill will include a penalty provision for anyone determined to have falsely accused someone of being a safety threat.
“This is not taking people’s guns away without due process. This is temporarily removing them from access to firearms,” McGarvey said.
McGarvey said the General Assembly’s Judiciary Committee will hold a hearing on the issue on Nov. 22.
Elizabeth Kuhn, communications director for Gov. Matt Bevin, said in a statement he will “thoughtfully review” the proposal.
“Any firearm restrictions should be designed to keep weapons away from those who pose a danger to themselves and others, but should never infringe upon the rights of law-abiding citizens to protect themselves and their loved ones,” Kuhn said in the statement.
President Donald Trump on Monday said he wants red flag laws to prevent tragedies such as those in El Paso and Dayton last weekend.
“We must make sure that those judged to pose a grave risk to the public safety do not have access to firearms and that if they do, those firearms can be taken through rapid due process,” Trump said. “That is why I have called for red flag laws, also known as extreme-risk protection orders.”
Louisville Metro Police Lt. Col. LaVita Chavous also spoke at Thursday’s news conference, saying her department supports the efforts of the senators.
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