State Police Answer Questions About 'Red Flag' Policy

PROVIDENCE, RI — Rhode Island lawmakers on Tuesday stepped up efforts to build support for tougher gun control laws in the aftermath of the Parkland Florida school shooting. Plans for a ban on so-called assault weapons and high capacity magazines went forward at the Statehouse. Also, Gov. Gina Raimondo's office issued an 'In Case You Missed It' press release, recapping coverage of her 'red flag' policy, which was reported in The New York Times, USA Today, and The Hill, as well as in local media.

Raimondo on Monday signed the executive order to establish a statewide 'red flag' policy. Red flags are meant to identify people who pose a public risk and should not therefore be armed, but it remained unclear Tuesday exactly what her order accomplished. Patch asked her office how the process would work, if a gun owner were red flagged, and her spokesman referred questions to the state police. State police reviewed Patch's questions and indicated they already have powers to arrest or take into protective custody anyone who's posing a threat and to take a gun away in an emergency. But the details are unclear on how the governor's new policy changes anything.

On Wednesday, state police tweeted a clarification.

Here are the questions and answers.

Patch: Gov. Raimondo's executive order takes effect immediately. Do you have any details on how this will work as of today? It sounds as if the state police can confiscate a gun.

State Police: The Executive Order does not define a separate process for confiscating weapons as a result of a red flag complaint, so it’s unclear how it would work.

Patch: Could you explain how the 'red flag' process is going to work?

State Police: The Red Flag Executive Order does not create a new process, but rather reinforces the process currently in place for handling these types of complaints, specifically:

Rhode Island State Police, working with local police departments, will promptly respond to and investigate any credible reports that a person “poses a significant danger of personal injury to themselves or others.”

If there is probable cause to believe this person poses a significant imminent danger to himself or herself or others, law enforcement shall take all available legal steps …” to remove the firearm from the person and/or the person’s household; refer or transport the person for appropriate treatment; and/or initiate criminal proceedings where appropriate.

Again, this is how we currently handle these types of complaints.

Patch: If I have a gun and I'm red-flagged, what rights do I have if I don't want to give up my weapon?

State Police: You cannot be forced to relinquish your weapon without a court order.

Patch: Is there a hearing? If so, is it scheduled before or after my gun is confiscated?

State Police: The Executive Order does not define a separate process for confiscating weapons as a result of a red flag complaint, so it’s unclear whether there would be a hearing and/or when the weapon could be confiscated.

Patch: If there is a hearing and I lose at the hearing, can I appeal?

State Police: At this time, there is no separate process for handling these complaints or appeals.

Patch: Will the judge's determination be more similar to the police obtaining a warrant, for example, or is it an open proceeding where I and my lawyers are notified well in advance?

State Police: At this time, there is no defined process as to how a red flag complaint would be handled by the courts.

Patch: Also, is it just police that can initiate a 'red flag' against someone? Can the schools do it? Relatives? Business owners?

State Police: There is no separate process for filing a “red flag” complaint. If anyone has a concern or complaint about someone who owns a firearm, that person can contact their local police department and/or state police at any time and we will investigate.

Patch: Is any consideration given to the fact someone does not have a criminal record? (We're aware some of the shooters did not have a record.)

State Police: Again, there is no defined process as to how a red flag complaint would be handled by the courts. Law enforcement will investigate any complaint, regardless of the criminal background of the individual.

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