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South Carolina Makes Red Flag Enforcement a Felony
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South Carolina Makes Red Flag Enforcement a Felony

Six Republican states are criminalizing ERPO enforcement to shield gun owners from warrantless confiscation

WTF News April 25, 2026 📖 2 min read

South Carolina drew a hard line: enforce a red flag gun grab order in the Palmetto State and you face felony charges.

The Ban Against Red Flag Gun Confiscation Act carries the sharpest teeth yet in a growing wave of state-level resistance against Extreme Risk Protection Orders — the due-process-shredding mechanism that lets courts strip law-abiding citizens of their firearms based on accusations alone. No conviction. No criminal charge. No jury of your peers.

Montana, Oklahoma, Tennessee, Wyoming, and Texas are all advancing similar measures, building a constitutional wall between their citizens and the confiscation machine that anti-gun activists spent years quietly embedding into American law.

ERPOs are not a mental health tool. They are a gun removal tool. A judge can sign away your Second and Fourth Amendment rights in a secret, one-sided hearing before you even know a complaint was filed against you. That is not due process — that is a star chamber.

The gun-grabbing lobby sold ERPOs to both parties after Parkland as a reasonable, targeted solution. It worked for a while. Eighteen states and Washington D.C. swallowed the pitch. Now, as the full mechanics of these orders have become clear to gun owners across the country, the political consensus is cracking — and Republicans are running hard in the other direction.

Good. They should.

What South Carolina's bill recognizes — what every one of these state measures recognizes — is that the enforcement officer at your door is the last link in the chain. Cut that link, and the unconstitutional order dies in the courthouse where it belongs.

Anti-gun outlets like The Trace are predictably furious, framing these bills as threats to public safety. But they have no answer for the gun owner in Maryland, Colorado, or California who lost their firearms for weeks or months because a disgruntled family member made a phone call. Due process is not a loophole. It is the whole point.

Acting AG Todd Blanche's DOJ has shown no appetite for fighting states that assert their constitutional authority — and that is exactly where this belongs: with the states, with the people, not with federal bureaucrats or activist judges who treat rights as privileges to revoke on demand.

If you live in South Carolina, Montana, Oklahoma, Tennessee, Wyoming, or Texas — call your state rep today. Tell them to pass these bills without amendments, without compromise, and without apology. Your rights do not negotiate.

legislationERPOSecond Amendmentdue processgun rightsstate action
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