President Joe Biden’s Department of Justice (DOJ) made a significant announcement on Saturday with the launch of the National Extreme Risk Protection Order (ERPO) Resource Center, catching some congressional Republicans off guard. Attorney General Merrick Garland emphasized in a press release that the new center aims to equip law enforcement officials and other stakeholders with resources to prevent individuals deemed dangerous from accessing firearms. ERPOs, commonly known as “red flag” laws, enable authorities to confiscate guns from individuals deemed to pose a threat to themselves or others, with provisions to prevent them from purchasing or possessing firearms for the duration of the order.
Garland framed the establishment of the center as a proactive measure in leveraging the tools provided by the Bipartisan Safer Communities Act to address gun violence. The DOJ’s initiative underscores the administration’s commitment to utilizing all available means to enhance public safety and prevent potential tragedies involving firearms.
The newly launched National ERPO Resource Center includes a website offering a plethora of resources and guidance for stakeholders involved in implementing red flag laws. It provides training and technical assistance to various professionals, including law enforcement officers, prosecutors, judges, and mental health professionals, involved in executing laws aimed at curbing access to firearms for individuals deemed risky.
Additionally, the center’s website features a comprehensive state-by-state guide on red flag laws across the country, offering specific information on each state’s ERPO legislation. Currently, 21 states and the District of Columbia have enacted red flag laws, reflecting a growing trend in adopting measures to address concerns related to gun violence and mental health.
Republican lawmakers, however, expressed surprise and concern over the DOJ’s move to establish a federal resource center for red flag laws. Some, like Representative Thomas Massie and Senator Mike Lee, voiced opposition to the initiative, questioning its authorization and raising concerns about potential overreach by the federal government in matters traditionally regulated by states.
Critics of red flag laws, such as Second Amendment advocate Dana Loesch, characterized the establishment of the National ERPO Resource Center as an assault on due process. They argue that while preventing gun violence is crucial, any measures taken should not undermine individuals’ constitutional rights or bypass existing legal frameworks designed to protect due process. Despite opposition from conservatives, President Biden has remained steadfast in his push for stricter gun control measures, signaling a continued commitment to his campaign promises to address firearm-related issues on a national scale.
