This archive report was first published on 18 November 2019.
On September 2019, authorities seized weapons from a man suspected of being a leader of the neo-Nazi group Atomwaffen, citing his involvement in hate camps where participants chanted anti-Semitic slurs and slogans like “race war now.”
According to the prosecutor’s office, King County officials used the red flag law 71 times in the previous year, with each request initially granted by a judge. However, in about 10 of those cases, the order was not allowed to stand after a follow-up hearing.
One case involved a man arrested for driving under the influence, who made suicidal statements and referenced school shootings. He also mentioned people he knew selling illegal firearms and expressed discomfort around people from South Seattle, a racially diverse area.
The police obtained an order prohibiting the man from having weapons through a red-flag filing. However, the man later challenged an extension of the protection order, arguing that his comments did not indicate he was a risk and that he had undergone a mental health evaluation.
Federal Action ¶
Second Amendment advocates have expressed concerns about red flag laws, which they believe can lead to the seizure of guns before due process takes place.
Alan Gottlieb, the founder of the Second Amendment Foundation, stated that the laws are designed to seize guns without giving gun owners a chance to object and make their case. He also suggested that consequences should be imposed on those who lie in such cases.
However, Mr. Gottlieb acknowledged that there may be instances where it is necessary to take people’s guns away after due process. He mentioned that the Second Amendment Foundation had initially considered helping Mr. Donnelly but ultimately decided not to due to the severity of his online posts.
