6 States Ban Red Flag Laws — And Punish Officials Who Defy Them

Six states have outlawed Extreme Risk Protection Orders, and some are going further: criminal penalties for any government official who tries to enforce one anyway.

That's not a typo. Cops and judges who attempt to strip a law-abiding citizen's firearms without a criminal conviction now face legal consequences in those states. That's how due process is supposed to work.

Anti-gun outlets like The Trace call this wave of ERPO bans dangerous extremism. What they won't tell you: red flag laws authorize seizure of firearms from Americans charged with exactly nothing — no arrest, no trial, no conviction.

A single accusation. That's all it takes. Your guns are gone before you ever see a courtroom.

The Trace insists that critics "falsely claim" ERPOs enable confiscation without due process. But that's precisely what ERPOs do by design. The entire mechanism runs on ex parte hearings — the gun owner isn't even present when a judge signs off on taking their property.

Yes, Trump and the NRA once flirted with red flag support in the emotional aftermath of mass tragedies. Both positions have since hardened — because the details of how these laws actually operate became impossible to ignore.

The punishment provisions are the real story. Legislators aren't just banning the orders — they're making enforcement personally costly for officials who would weaponize the system against innocent gun owners. That's accountability with teeth.

States leading this fight are protecting their residents from a system that treats the Second Amendment as a privilege any angry neighbor or vindictive ex can revoke with a phone call.

Expect gun-control advocates to demand federal intervention against these states. Watch that pressure campaign — but don't expect it to stick.

The momentum is real and it's on the right side of the Constitution. If your state still has red flag laws on the books, find your state legislators and demand repeal. The Founders didn't write "shall not be infringed" with an asterisk.