5 States Make Red Flag Enforcement a FELONY

South Carolina lawmakers are done playing nice.

Their Ban Against Red Flag Gun Confiscation Act would make enforcing an Extreme Risk Protection Order a **felony**. Not a fine. Not a reprimand. A felony charge for any officer or official who participates in a no-due-process gun grab.

Montana, Oklahoma, Tennessee, and Wyoming are right behind them. Five states. One message to the gun-control lobby: touch a law-abiding citizen's firearms without due process, and you will face real legal consequences.

**This is what constitutional pushback actually looks like.**

The Trace—the Bloomberg-funded gun-control outlet—ran a 1,300-word meltdown framing these bills as an attack on "a law that may prevent mass shootings." Translation: they want you afraid of your neighbors so you'll surrender your rights quietly. Don't fall for it.

Here is what The Trace carefully buries in that piece: ERPOs are issued in secret, before the gun owner ever sees a courtroom. A judge hears one side of the story—often a panicked family member or a vindictive ex-partner—and signs an order stripping the target of Second and Fourth Amendment rights simultaneously. No jury. No cross-examination. No presumption of innocence.

Gun-control advocates call this "due process" because you can theoretically fight the order *after* your guns are already gone. That is not due process. That is a rights violation with extra paperwork.

The Trace also mourns that ERPO laws "once enjoyed bipartisan support"—their way of complaining that Republicans finally understood what these laws actually do to innocent gun owners. Politicians who recognize a mistake and correct course deserve credit, not scorn from a Moms Demand Action content farm.

Notice what The Trace does *not* address: how many ERPOs are issued against people who are never subsequently charged with any crime, and how many orders are sought for reasons that have nothing to do with genuine public safety. Those numbers would destroy their narrative, so they stay buried.

**A badge has never been a license to violate the Constitution.**

Felony-level consequences send exactly the right message to every officer handed one of these orders: you have a choice, and that choice now has stakes.

The Trace is already mobilizing opposition to kill these bills before they cross the finish line. They know what happens to the ERPO movement if even one state successfully criminalizes enforcement—the domino effect terrifies them.

If you live in South Carolina, Montana, Oklahoma, Tennessee, or Wyoming, call your state representative today. The votes that stop these bills from passing won't be loud—they'll be quiet, low-turnout, lobbied into place while you're not watching.

Watch this space. The floor votes are coming, Bloomberg's machine is already dialing, and the outcome in these five states will set the template for the next twenty.