The short version is one is banned from owning or possessing guns based on accusations from others. The accusation does not necessarily need to be of a crime nor does evidence need to be provided. The accusation simply needs to be a ‘red flag’ (a term which means many different things in different areas). A common one is accusing one of being likely to commit a crime in the future.
how do they hold up against 2A
They are not likely to fail a 2A challenge as the 5A challenge will be much easier to argue for a defendant. Barring one from exercising a right who has not been convicted of a crime is basically guaranteed to fail a 5A challenge.
Explain like I’m a European – what are red flag laws, and how do they hold up against 2A?
The short version is one is banned from owning or possessing guns based on accusations from others. The accusation does not necessarily need to be of a crime nor does evidence need to be provided. The accusation simply needs to be a ‘red flag’ (a term which means many different things in different areas). A common one is accusing one of being likely to commit a crime in the future.
They are not likely to fail a 2A challenge as the 5A challenge will be much easier to argue for a defendant. Barring one from exercising a right who has not been convicted of a crime is basically guaranteed to fail a 5A challenge.