The Red Flag Law

LAWTON, Okla. (KSWO) - The Red Flag law permits various people the right to petition a state court to order the temporary removal of firearms from a person who they believe may present a danger to others or themselves.

Matthew Schaffer, owner of Diamond Defense LLC a gun range and firearms training facility in Comanche County said some red flag laws could lead to constitutional issues.

“Personally I feel the Red Flag bills are invasive. Feel like it falls under the realm of unreasonable search and seizure. First of all, you’re having your firearm confiscated without due process. You’re getting your firearms taken away before you are even given the opportunity to present your case or be tried against a jury of your peers,” said Schaffer.

Oklahoma Democratic Chair Alicia Andrews has a different opinion, she said the benefit of the Red Flag law is if you’re a law-abiding citizen it doesn’t interfere with your ability to own a gun. It’s all about making everyone safe.

“If your loved ones, your family, your co-workers recognize that it’s not a good time for you and they’re concerned about the safety of someone in your home, your family members, or even yourself, just concerned about someone in your home, they temporarily take your guns. They are still registered to you until such time you are deemed safe to have a gun, then it’s given back to you. It’s not an infringement on the rights of folks to own guns,” said Andrews.

With the recent mass shooting the United States has experienced, people are questioning if it is a gun issue or mental health issue.

“It’s a common-sense gun law issue, it’s all about common-sense gun laws. We’ve had two in the last 10 days in Oklahoma. The most recent one 3 miles from my home the perpetrator was able to buy the gun on that day and later that day he killed others and himself and he was also injured, we don’t talk about the inure folks enough that’s not common-sense gun laws,” said Andrews.

With Oklahoma being the nation’s first and only state that has an anti-red flag law, also known as Senate Bill 1081 which passed in May of 2020, locals believe guns are not the issue people are.

“Which in my opinion, gun violence isn’t even a thing it’s people’s violence. A person on person fight you don’t necessarily have to have a gun, you can do it with a knife. You know people can injure each other with cars. Everyday chemicals in your house can be used to do bad, terrible things to people. So I don’t believe in the term gun violence. I think that we require in this country a lot more emphasis on proper mental health and the availability of mental health care,” said Schaffer.

Marie Detty Youth and Family Services said when they have a young person with a violent offense, the first things they examine are their mental health and past traumas.