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Gun safety advocates again call on lawmakers to consider red flag law in NC

Proposed legislation would give a judge the power to take guns away from someone deemed to be at risk of harming themselves or others. Opponents say it would violate due process.
Posted 2024-04-25T21:53:41+00:00 - Updated 2024-04-25T22:38:48+00:00
State lawmakers try to advance Red Flag Law

Gun safety advocates are trying again to convince Republican state lawmakers to consider a proposal they say would lessen gun violence in North Carolina.

State Rep. Marcia Morey, D-Durham, said it’s the fifth time in the past few years she’s held a news conference to highlight her proposal to give judges the power to take guns away from someone deemed to be at risk of harming themselves or others. Under House Bill 281, a petition could be filed by family members, police, current or former romantic partners or a healthcare provider.

If approved by a judge, the gun owner would be required to surrender all weapons and permits. If the gun owner doesn’t comply, law enforcement would have the power to seize them. A hearing would have to be held within 10 days to allow the owner to make their case to have their weapons returned.

Such proposals — known as “red flag laws” or “extreme risk protective orders” — are opposed by gun rights groups, who say they deprive gun owners of their right to due process.

A June 2022 WRAL poll that found 87% percent of the public supports red flag laws. Nonetheless, Morey said, lawmakers have refused to allow the bill to emerge from the House Rules committee. Republicans control the state legislature, so she would need GOP support for her proposal to advance in the General Assembly. That’s proven difficult, Morey said.

A representative of Republican House leaders said Morey’s proposal is unlikely to move forward this session.

Gun rights group Grassroots North Carolina delivered boxes of petitions to the office of Republican Senate Leader Phil Berger Wednesday, demanding that he support a proposal to allow people in North Carolina to carry concealed weapons without a permit or required safety training. It’s sometimes called “constitutional carry” or “permitless carry.” North Carolina is the only state in the Southeast that has not enacted it.

Speakers at Morey’s event voiced vehement opposition to that idea.

“Guns are the number one killer of children, teens and young adults in this country. The answer to this problem isn't adding more guns in more places,” said Moms Demand Action for Gun Sense national director Angela Ferrell-Zabala, “which is why it's so disgraceful that lawmakers here have been pushing permitless carry, a policy we know makes everyone less safe.”

“What would it look like for everyone to be able to carry a gun concealed?” said Mecklenburg County Sheriff Garry McFadden. “I am worried.”

Most speakers also urged lawmakers to pass stronger requirements for safe storage.

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