Wisconsin 'Red Flag' Gun Law Would Violate Rights, GOP Says

MILWAUKEE, WI — Wisconsin Gov. Tony Evers and fellow Democratic lawmakers are pushing legislators to support tougher gun laws in the form of extreme risk protection orders.

Under the proposal, a court could issue a temporary restraining order that would require a person to surrender all firearms in their possession in addition to banning them from using firearms. Under the proposal, an extreme risk protection order — also known as a "red flag law" — is effective for up to one year and may be renewed.

Passage of the bill would have to overcome the Republican-controlled state Legislature, where Republicans hold a 19-14 edge in the Senate and a 63-36 advantage in the Assembly.

State Rep. Robin Vining (D-Wauwatosa) said the bill will protect domestic violence victims, and improve public safety.

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Text Of Wisconsin Red Flag Bill

“As Representative Sargent said, this is not a partisan issue, it is a pragmatic issue where we want to save lives in the state of Wisconsin. ERPO laws are proven to reduce firearm suicide, domestic violence by firearm, and other deadly gun violence actions, including mass shootings. We must act now to make our state safer for all, with common sense gun violence prevention laws and strong due process protections. With this law, we prove we can do both.”

Republican leaders came out strong in opposition of the proposal.

"Today in a partial answer to a reporter's question Governor Evers revealed Democrats’ real agenda: taking away firearms that are lawfully owned, which is unacceptable. Wisconsin laws already say if you’re a felon, you lose your right to own a gun. With Governor Evers considering confiscating firearms from law-abiding citizens, it shows just how radical Democrats have become," Assembly Leader Robin Vos (R-Rochester) said in a statement.

Likewise, State Sen. Van Wanggaard (R-Racine) voiced his opposition.

"Evers’ bill follows the “guilty until proven innocent” model of justice. As stated on page 8, line 10 of the bill “Notice need not be given…before issuing [an order to seize firearms].” No matter what the Governor and Democrats claim, this is a direct violation of due process and the Fourth and Second Amendments," he wrote. "That should concern every citizen in this state. As supporters admitted in their press conference, the proposed legislation would not stop gun violence or the mass shootings in El Paso and Dayton. Instead of focusing on law-abiding citizens, and taking away their constitutional rights, supporters should focus on the causes of violence, and not the instrument of that violence.”