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An Open Letter

To: Gov. Kehoe, Sen. Williams, Rep. Proudie

From: A verified voter in Saint Louis, MO

April 2

SB142 (Schroer), HB 434 (Hardwick), and HB 459 (Christensen), the so-called "Anti-Red Flag Gun Seizure Act," represent a dangerous and misguided effort to dismantle proven public safety measures. Red flag laws, also known as Extreme Risk Protection Orders (ERPOs), are designed to temporarily remove firearms from individuals who pose a significant risk to themselves or others, based on evidence presented to a judge. These laws are not about arbitrary confiscation; they are about saving lives. For example, in states like Connecticut and Indiana, red flag laws have been credited with preventing numerous suicides and mass shootings. By prohibiting the enforcement of such laws, these bills would strip Missouri of a critical tool to intervene in situations where individuals are in crisis, putting countless lives at risk. These bills falsely claim that red flag laws lack due process protections, which is simply untrue. Red flag laws require law enforcement or family members to present evidence to a judge, who must then determine whether there is sufficient cause to issue a temporary order. This process ensures that individuals' rights are protected while addressing imminent threats. For instance, in Florida, the implementation of a red flag law after the Parkland school shooting has been used responsibly to disarm individuals who exhibited clear warning signs of violence. These bills, however, would prevent Missouri from taking similar, life-saving actions, even when there is overwhelming evidence that someone poses a danger. This is not just irresponsible—it is reckless. Moreover, these bills attempt to nullify federal law and penalize law enforcement for enforcing red flag laws, which is not only unconstitutional but also counterproductive. By threatening agencies with hefty fines and legal liability, these bills create a chilling effect that could deter law enforcement from taking necessary actions to protect public safety. This is particularly troubling given the rising rates of gun violence and suicide in Missouri. Red flag laws are not about infringing on Second Amendment rights; they are about balancing individual freedoms with the collective right to safety. These bills prioritize ideology over evidence, and in doing so, they endanger the very citizens they claim to protect. For the sake of public safety and common sense, these bills must be rejected.

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