Law enforcement in South Carolina may be able to confiscate firearms and ammunition from those who present a “imminent risk” to themselves or others under a new bill.
Known as the “Red Flags Act,” the bill was introduced by Senator Darrell Jackson, a Democrat from Richland. It describes how police enforcement and attorneys can ask a judge for a warrant to confiscate firearms. If the probate court determines that a person poses an immediate risk, the state may seize firearms for a maximum of one year.
“You have families whose lives have been tragically, tragically impacted by someone who should never have a gun, never have a weapon,” Jackson stated.
Initially, a request is made by either a solicitor or two law enforcement officers working together. They are able to obtain a warrant to seize their firearms once they have filed a complaint with the judge. Recent threats, acts of violence toward oneself or others, or cruelty toward animals could be grounds for seizure. Other possible grounds include cruelty toward animals. If a warrant is issued by the judge, law enforcement officials have the authority to promptly take firearms and ammunition.
However, this is just the beginning of the aforementioned procedure. After the warrant has been carried out, the individual is required to appear in court for a hearing within seven days of the items being taken from them. After that, the judge is faced with a different set of needs to take into consideration.
- Using a firearm in a reckless manner or flaunting it
- A previous history of using physical force or abusing substances
- Substance abuse was diagnosed after the patient was admitted to a psychiatric facility.
During the hearing, the state is required to demonstrate, through evidence that is both obvious and convincing, that the individual in question constitutes an immediate risk. In the event that the state is unable to satisfy that burden of proof, the firearms are required to be returned without delay.
It is possible that the state will detain the firearms for a period of up to one year if the judge determines that the individual poses an immediate threat. The firearms are required to be surrendered without delay in the event that the judge rules against it.
Additionally, the legislation makes it possible for persons to enable the transfer of ownership of their seized firearms to another individual who is legally permitted to hold them.
Those who are opposed to the bill, even those who fight for the right to bear arms, are concerned that the proposal may go beyond acceptable limits. According to Gun Owners of South Carolina’s Jerry Stoudemire, the law does not provide sufficient control.
“They would go in a persons house and clean all the firearms out of it. And these are people that hunt, they fish, they carry while they are fishing too,” said Stoudemire. “I don’t think the bill has a steering wheel on it. They can’t control it once they get it,” Stoudemire stated.
According to Jackson, however, the judge’s judgment of probable cause protects against the kind of overreach that is being discussed.
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“Someone just can’t call and says, so-and-so needs to have your guns taken away, and someone goes and does that. It is a step by step process, and we’ve tried to put safeguards in it, but I am open to other safeguards for those who are concerned about an overreach,” Jackson stated.
According to Lee Boan, the sheriff for Kershaw County, they usually only confiscate firearms in certain situations, such when they are stolen or used in criminal activity. They don’t confiscate firearms based on behavior, he claims.
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“If they’re involuntarily committed to a mental health facility or something, then a probate judge can make a determination on whether they can possess a firearm or not, and that’s something that’ll go on their file, where, if they go to try to purchase a gun, they’ll get flagged for that. But nothing that we’ve ever went to somebody’s house and took their guns,” Boan stated.
The Judiciary Committee will be tasked with reviewing the bill. Lawmakers will meet again in the State House on January 14.
