"Red Flag Law" introduced in Nebraska with goal of reducing gun violence
A Nebraska lawmaker wants a "red flag law" to create a court process where guns could be removed from people who are considered "extreme risk" of harming themselves or others.
Sen. Adam Morfeld of Lincoln introduced the bill on Thursday. He said it would protect Nebraskans from gun violence.
LB 58 would create a temporary protection order known as an "extreme risk protection order," which could be issued by a court. A petition could be filed with a district court, where a judge would determine if someone poses a threat.
Courts could consider several factors:
- Recent threats of violence
- A pattern of violence or threats
- Evidence of mental illness
- Violations of protection orders
- Previous extreme risk protection orders issued by the court
- Convicted of crimes against the same family
- Ownership, access, or intent to possess firearms
- Illegal or reckless use of firearms
- History of making threats involving firearms
- History of stalking
- Previous convictions for violent crimes
- Evidence of substance abuse
- Evidence of recent firearm purchase
A hearing would be held, following legal rules of evidence. If an extreme risk protection order is granted, it would be temporary, with a date listed.
The person subject to the order could file with the court to show why the order should be lifted.