Dave Kopel, research director at the Independence Institute, a Denver-based libertarian think tank, said states have taken the same approach President Donald Trump spoke in favor of in March 2018: “Take the guns first, go through due process second.”
When it comes to seizing guns through a temporary order, the standards that a judge uses should be high, Kopel said. Vermont, he believes, has a fair system, which requires “specific facts” that show “an imminent and extreme risk.”
The situation becomes even more precarious when loved ones can petition for the removal of firearms, he said. Spurned former partners or family members seeking revenge might “weaponize” this tool, he said. Because of that, he argues, there should be a penalty for maliciously false accusations, which several states have adopted.
But New York state Sen. Brian Kavanagh, a Democrat and the author of the state’s red flag law that went into effect last month, said family members and former partners are most likely to have evidence and an urgent need for safety. The Empire State even added school officials to the long list of potential petitioners.