COLUMBUS, Ohio — Ohio Attorney General Dave Yost, alongside 18 other state attorneys general, challenges a new federal initiative aimed at bolstering the enforcement of “red flag” gun-confiscation laws.
In a letter addressed to U.S. Attorney General Merrick Garland, Yost and his counterparts assert that the recently launched National Extreme Risk Protection Order (ERPO) Resource Center, overseen by the Department of Justice, jeopardizes the Second Amendment and other constitutional rights in its approach to curbing gun violence.
“The solution to gun violence does not lie in increased bureaucracy, nor in depriving law-abiding citizens of their right to self-defense,” Yost stated.
The attorneys general raise several concerns regarding the ERPO Resource Center, particularly its advocacy for laws that permit the suspension of Second Amendment rights without proper due process.
“Red flag” laws enable authorities to seek court orders for the confiscation of firearms from individuals deemed potentially dangerous. While 21 states have implemented such laws, Ohio is not among them.
Furthermore, the attorneys question the authority of the DOJ in creating the program, noting that the cited Bipartisan Safer Communities Act does not mention such an initiative, and the allocated funding from the 2022 federal law was intended for states and local governments.
Additionally, the attorneys express skepticism about the DOJ’s decision to collaborate with the Johns Hopkins Center for Gun Violence Solutions, citing concerns about the institution’s advocacy for strict gun control measures.
Yost and his counterparts urge the DOJ to terminate the program, asserting that states are capable of safeguarding citizens while upholding Second Amendment rights independently.
In support of red flag laws, local community advocate and human rights consultant Jason Salley emphasized their potential to save lives, calling it a humanitarian necessity rather than a political stance. Salley, alongside Democratic lawmakers, highlighted the efficacy of red flag laws in addressing rising gun violence by temporarily removing firearms from individuals deemed a risk to themselves or others.
Statistics provided by The Conversation indicate that red flag laws potentially saved 7,300 lives from gun deaths in 2020 alone and led to a lower firearm death rate of 11.25 per 100,000 residents in states with red flag laws compared to 17.5 in states without. Moreover, studies suggest a correlation between red flag laws and reduced suicide rates, particularly in preventing firearm-related suicides.
Salley, who addressed the Chillicothe City Council in January following the shooting of one of his children, stressed the importance of preventive measures to avert tragedies, emphasizing the need to act on warning signs such as threats, concerning behavior, and mental health crises through red flag laws.
State Representative Michele Grim attempted to introduce HB170 into the General Assembly,
“Research around mass shootings and gun violence have shown that there are identifiable pre-attack behaviors that can predict an escalation from threats to fatalities. Up to 80% of people considering suicide give some sign of their intentions, and an FBI study revealed that violent shooters often clearly exhibit between up to four or five red flag behaviors prior to committing violent acts. Yet, law enforcement is often unable to intervene until an act of violence occurs. House Bill 170 allows us the opportunity to stop gun violence before it occurs.
As of today, 21 states and the District of Columbia have enacted Extreme Risk Protection Orders, including Florida, Indiana, Michigan, and New York. Studies analyzing these measures have found a significant decrease in gun suicide deaths, ranging between 7 and 13.7 percent post-implementation, proving the efficacy and sensibility of such measures.”
HB170 has been stalled out in committee hearings after local Representative and Committee Chair Bob Peterson refused to allow continued debate on the legislation. Peterson is a staunch opponent of any common-sense gun reform and has vowed to block any and all proposed legislation relating to the subject.