Sens. Richard Blumenthal and Lindsey Graham announced legislation Thursday that would create a new federal court process for people to flag potentially dangerous individuals and keep them from getting guns.
The senators said their proposal is based on an Indiana law, but that a national measure is needed to fill in gaps.
“Our bill is narrowly tailored to deal with people who demonstrate solid, factual evidence that they are in fact dangerous,” said Mr. Blumenthal, Connecticut Democrat.
It allows family members or law enforcement officials to petition a federal court for an “extreme risk protection order” to bar someone from possessing a gun if there’s probable cause to believe they’re an immediate risk to themselves or others.
Within 72 hours of issuing such an order, the court must hold a hearing where the petitioner has to provide “clear and convincing evidence” that the order should be extended for up to 180 days and where the subject can make his or her case with help from a lawyer.
The proposal comes in the wake of last month’s Parkland shooting that claimed the lives of 17 people at Marjory Stoneman Douglas High School.
The FBI has acknowledged that it failed to follow up on tips alleging that accused gunman Nikolas Cruz, 19, had a gun and wanted to hurt people.
“He did everything but take an ad out in the paper — ’I’m going to kill people,’” said Mr. Graham, South Carolina Republican.
Under the bill, people who knowingly file petitions that are frivolous or without foundation would also be subject to penalties from the court.
Sens. Marco Rubio and Bill Nelson this week announced their own plan that would incentivize states through federal grants to develop their own programs to allow family members or law enforcement officers to petition a court to take guns away from potentially dangerous individuals.
“Someone would have had to go to court and get this, but it certainly would have provided an option to whoever it is that called the FBI hotline or the Broward Sheriff’s office to not just report it, but actually potentially act,” Mr. Rubio said.
The Florida state House on Wednesday also passed a gun package that, among other things, enhances law enforcement’s ability to petition courts for a risk protection order to block potentially dangerous people from having guns.
That measure, which would also increase the minimum purchase age for rifles from 18 to 21 and provide funding for more armed security officers in schools, now awaits the signature of Gov. Rick Scott, who says he plans to review it carefully before making a final decision.
• David Sherfinski can be reached at dsherfinski@washingtontimes.com.
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