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Congressman Dan Goldman Cosponsors Package of Legislation to Prevent Mass Shootings, Curb Gun Suicides

August 7, 2023

The ‘Federal Extreme Risk Protection Order Act of 2023’ and ‘Extreme Risk Protection Order Expansion Act of 2023’ Establish Federal Red Flag Laws, Strengthen Existing State Programs

One Third of Mass Shootings Preventable with Implementation of Red Flag Laws

Red Flag Laws Proven to Reduce Gun Suicides in States Across the Country

Read the Bills Here and Here

Washington, DC – Congressman Dan Goldman (NY-10) joined Congresswoman Lucy McBath (GA-7) and Congressman Salud Carbajal (CA-24) in introducing the ‘Federal Extreme Risk Protection Order Act’ and the ‘Extreme Risk Protection Order Expansion Act of 2023.’ This package of legislation both establishes a federal “red flag” program and strengthens state and local legislation through the creation of grant programs to support the implementation of extreme risk protection order laws. Extreme risk laws, or “red flag” laws, allow a judge to temporarily remove a person’s access to guns when there is evidence that they pose a serious risk to themselves or others. These laws contain strict “due process” requirements involving multiple hearings and hard evidence.

In 32 percent of mass shootings, the shooter exhibited dangerous warning signs prior to the shooting, many of which would have triggered red flag laws and the temporary removal of their firearms and prohibition on additional firearm purchases. Additionally, states with extreme risk laws have seen significant reduction in gun suicides.

“Keeping guns out of dangerous and volatile situations can be the difference between life or death in a moment of crisis,” Congressman Dan Goldman said. “When we heed and take action on the warning signs that come before a shooting or suicide, we have the ability to save countless lives. Red flag laws are about protecting our loved ones across the board and legislation like this has the power to stop the next tragedy before it happens.”

While 19 states and the District of Columbia currently have red flag laws in place, the Federal Extreme Risk Protection Order Act would set a national standard to keep guns out of dangerous situations and save lives. The bill would allow family members and law enforcement to go to a federal court to request a judge issue an extreme risk protection order to temporarily remove access to firearms from dangerous situations. The legislation establishes clear legal standards for when a federal order could be issued, including strong due process protections, and it would give family members and law enforcement in all fifty states a path to take action when there is evidence someone is in crisis. 

Additionally, the Extreme Risk Protection Order Expansion Act of 2023 would:

  • Direct the Department of Justice to establish a grant program to help states, local governments, Indian tribes, and other entities implement extreme risk protection order laws. 

  • Extend federal restrictions on the receipt, possession, shipment, and transportation of firearms and ammunition to individuals who are subject to extreme risk protection orders. 

  • Require the Federal Bureau of Investigation to compile records from federal, tribal, and state courts and other agencies that identify individuals who are subject to extreme risk protection orders.

Combating gun violence and holding gun manufacturers accountable are top priorities for Congressman Goldman. In February, the Congressman cosponsored a package of gun violence prevention legislation including an assault weapons ban, a bipartisan bill to require background checks for all firearm sales, and Ethan’s Law to require safe firearm storage to protect children and others from unsecured firearms.

In March, Congressman Goldman called for an end to the bump stock loophole, making it illegal to manufacture, sell, or possess the firearm modification that enables shooters to fire semiautomatic rifles continuously with one pull of the trigger, similar to a fully automatic weapon.

Congressman Goldman is a Vice Chair of the House Gun Violence Prevention Task Force and was recently named as Chair of the Dads Caucus Gun Violence Prevention Working Group.

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Issues:Congress