US Military Must Fully Use State 'Red Flag' Laws for Crisis Intervention.
This Act mandates that the U.S. Armed Forces fully utilize state extreme risk protection order (ERPO) programs, commonly known as 'red flag' laws. It requires commanding officers to initiate state judicial proceedings when a service member is deemed unfit to possess a firearm due to credible threats of violence. The goal is to enhance safety by temporarily removing firearms from individuals posing a risk, requiring the military to share relevant evidence with state courts, overriding certain privacy protections.
Key points
Mandatory Utilization: The Armed Forces must fully use applicable state extreme risk protection order programs when a service member poses a serious, credible threat.
Information Sharing: The military must provide relevant material facts and evidence to state courts, overriding standard privacy regulations (HIPAA and the Privacy Act of 1974).
Scope of Threat: Applies to service members deemed unfit to carry a firearm due to threats of violence against others, themselves, or military facilities.
Judicial Participation: The military must fully participate in state judicial proceedings to impose, review, or terminate an extreme risk protection order.
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