LINCOLN, Neb. -- On Thursday, a Nebraska lawmaker introduced a bill aimed at reducing the amount of gun violence by allowing firearms to be removed from a person found to be at risk of harming themselves or others.
The Extreme Risk Protection Order Act, also known as a red flag law, would allow firearms to be removed from a person found to be by a court an extreme risk of harming themselves or others.
Thirteen states enacted such laws, and last year 29 states considered the measure.
LB 58, introduced by Senator Adam Morefeld, allows law enforcement to remove firearms from a person who is found by a court to be at high risk of violence.
The bill further ensures it is only used in extreme cases where there is clear evidence that a person is in danger to themselves and others and possesses or has access to firearms.
According to Captain Kevin Griger, of the Sarpy County Sheriff’s office ”The extreme risk protection order would be a critical component in removing weapons from people during a mental health crisis. This legislation would give law enforcement and the courts an additional tool to utilize to keep our communities safer while protecting the due process protections and rights of those in crisis.”
Senator Morfeld stated, “Law enforcement, students, and my constituents have made clear the need to have safeguards to ensure that those found to be suffering from severe mental illnesses and individuals who pose an immediate threat do not have access to firearms after an emergency court hearing.” He went on to state, “LB 58 requires a court hearing, requires evidence to be presented and ensures due process for the gun owner. As a gun owner and an attorney this is a critical component for me.”