With the increasing number of gun violence incidents in the United States, lawmakers from different states consider the inclusion of red flag law in their justice system.

There are about 36,000 Americans being killed each year caused by gun-related incidence in the United States.

In response to the alarming statistics, Colorado, Hawaii, and Nevada recently enacted the red flag law in 2019. New Mexico is the latest state that joins the group just this year.

This controversial legislation was signed by New Mexico Governor, Michelle Lujan Grisham last February 25, 2020.

Red Flag law initiates to prevent gun violence incidents by putting power to the state to identify people who are at risk of committing atrocities to themselves and to others.

To avoid such incidents, the law allows them to be temporarily disarmed until proven that they are again capable of safely handling guns.

As proof of advantages, this law can offer, Luham Grisham even states that "This law is sensible and balanced. It is a good public safety measure. If it saves even one life, and it will, we will have done good work here."

To make close scrutiny about the signed legislation, let's take a look at New Mexico's version.

After a few revisions, only the law enforcement officers in New Mexico can issue petition in courts provided with proof of the owner's incapability. This is in contradiction with the previous version wherein anyone can file a protective order in courts.

Gun
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If the defendant is proven to be at risk, the gun will be taken away and a 10-day hearing will determine if it should be extended for a year.

The problem arises in the process of taking away the gun first before having the hearing. As Glenn Hamilton, a Sierra county sheriff, said "Many of the New Mexico sheriffs are still going to be concerned with the fact that there's gun confiscation before there's hearing".

Another gap in New Mexico's version is the low standard proof required for guns to be taken away.

Red Flag Law aims to save lives by disarming people at risk not just for the sake of disarming them.

It aims to disarm people and give back their rights once proven they are no longer a threat, thus fully giving back again their rights.

To restore these rights the state must help these individuals by helping them to undergo rehabilitation.

Without these, red flag law will just be a one-sided law that renders no help to those who are found guilty.

In Colorado, unlike in New Mexico, it offers a hearing to determine if a person needs to undergo a rehabilitation treatment, thus, helping to treat the underlying causes of such unruly behaviors.

'Extreme Risk Firearm Protection Order Act' or mostly known as red flag law protects citizens from at risk individuals but legislators must ensure that these individuals' Second Amendment rights are not being compromised in return.

The state must ensure that 'due process' must come first to allow the defendants to defend themselves.