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How the red flag law could impact Ohio

Gun generic
Posted at 8:57 PM, Oct 26, 2023
and last updated 2023-10-26 23:12:37-04

The red flag law would legally allow a person’s access to weapons to be restricted, and currently, neither Maine nor Ohio has this law in place.

After the deadly shooting in Maine Wednesday night, some people in Northeast Ohio said they think the red flag law should be considered in Ohio.

“We overwhelmingly support; we like to call them ‘extreme risk laws’ when someone is at risk of harming themselves or someone else, we support them 100%,” said Erick Bellomy with the Brady Project.

Michael Benza, a professor at Case Western, said this law is often directed at people with mental health conditions.

“It's most often directed finding that the person has a mental health condition, that person is a danger to themselves or a danger to others, that then allows pursuant to that order the local enforcement to seize that person's weapons,” Benza said.

Although some people in Northeast Ohio are in support, others, like Rob Sexton with the Buckeye Firearm Association, are not on board.

“Our concern is what happens in terms of due process; we don’t want to see a law like this utilized as revenge when someone is going through a nasty divorce or nasty business dispute,” Sexton said.

While some people against the red flag law believe it could violate someone’s constitutional rights simply because they are going through a rough patch, Bellomy said a judge would be willing to look into it if someone were experiencing that type of situation.

Last year, Republican State Senator Matt Dolan introduced a bill to enact red flag laws in Ohio; right now, that bill, Senate Bill 357, is still in the Senate.

Policy experts said this restriction could be temporary, and in some cases, like in Maine, where the shooter had documented health issues, it could save lives.

“The idea behind this is for a period of time to eliminate the easy access to firearms so that hopefully they can then receive treatment, and if they are restored, then their weapons can be returned," Benza said.

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