Gillibrand, Chu introduce FLAG Act

WASHINGTON, D.C. | U.S. Sen. Kirsten Gillibrand (D-NY) and Representative Judy Chu (D-CA-28) have announced the introduction of their Fair Legal Access Grants (FLAG) Act. All too often, perpetrators of mass shootings and dangerous crimes have a known past of threatening or even violent rhetoric or behavior, and individuals in suicidal crisis pose a higher risk to themselves if they have easy access to firearms. Law enforcement, community members, and health care professionals can file a red flag petition, known as an extreme risk protection order (ERPO), to help get guns out of the hands of troubled or dangerous individuals. ERPOs are also an effective suicide prevention measure: Research shows that most people in a suicidal crisis who don't have easy access to a firearm or lethal suicide method will not go through with finding other means to kill themselves. Unfortunately, the burdensome and lengthy legal process may deter people from seeing their petition through, and dangerous or troubled individuals remain armed. The FLAG Act would help keep our communities safe by ensuring that any person filing a red flag petition has access to the legal representation, counsel, and resources needed to be heard and successfully file an ERPO. "Strengthening red flag laws across the country will help make our communities safer — period. All too often, school administrators, law enforcement officers, and everyday people don't have the time or support needed to navigate our court system and successfully file a red flag claim when they notice an individual with access to firearms exhibiting troubling or potentially dangerous behavior," said Sen. Gillibrand. "My FLAG Act would provide petitioners with legal representation, translation services, and other vital tools needed to see their claim through and help remove guns from those looking to cause harm to themselves or others. So many of us want to perform our civic duty to help keep our communities safe, and this groundbreaking bill will help ensure our voices are heard in the fight to end firearm tragedies." "To keep guns out of the hands of those who are a clear danger to themselves or others and to protect communities across the country, everyone in America needs equal access to gun safety and prevention strategies. I am grateful for the opportunity to partner with Sen. Gillibrand on efforts to strengthen and expand access to 'red flag' laws with proven effectiveness at decreasing gun deaths," said Rep. Chu. "The Fair Legal Access Grants, or FLAG Act, would assist family members and other community members in navigating the complicated legal system when seeking to temporarily disarm someone showing signs of violence. By ensuring more communities have buy-in to prevent gun violence, we will help honor the Americans we've lost in cities and towns across the country — including my hometown of Monterey Park." "Removing guns from people who pose a risk to themselves or others is a commonsense way to protect our communities," said New York Attorney General Letitia James. "In New York, extreme risk protection orders have removed thousands of guns from troubling environments and helped avert tragedies. My office has stepped up to meet the increased demand for ERPOs by representing the State Troopers in these cases, but we need to provide the same support to concerned citizens who are trying to sound the alarm. Senator Gillibrand's FLAG bill will do just that and will ensure that people can effectively remove guns from dangerous situations and help save lives." Data shows that providing legal representation for ERPO petitioners leads to a meaningful increase in successful applications. According to data from the New York AG's office, petitioners with state-funded legal representation had their petitions approved 96 percent of the time, nearly 15 percent higher than those without it. Suffolk County has taken the lead in utilizing New York's strengthened red flag law, issuing over six times more ERPOs than any other county in the state. The FLAG Act would provide $50 million in annual funding to states and local governments to provide access to legal counsel and other legal services. Eligible recipients include police departments, district attorney offices, community-based legal aid organizations, and more. The bill is endorsed by Everytown, Moms Demand Action, March for Our Lives, Newtown Action Alliance, New Yorkers Against Gun Violence, Major Cities Chiefs Association, and the New York State Police Investigators Association. The bill text can be found here: gillibrand.senate.gov.

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Gillibrand, Chu introduce FLAG Act

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