Lawmakers Hold Rare Gun Control Hearing To Discuss 'Red Flag' State Laws

Lawmakers on Capitol Hill are holding a rare hearing on gun control Tuesday morning to discuss so-called "red flag" laws enacted in several states to allow courts to issue orders confiscating the guns of individuals who are deemed to be a risk to others or themselves.

The Senate Judiciary Committee, led by Republican Chairman Sen. Lindsey Graham, are hearing from policy experts, law enforcement officials and advocates -- including a parent who lost her 19-year-old daughter to a shooting -- during the public session, which is slated to start at 10:00 a.m. ET.

Follow along for updates from the hearing:

Protester interrupts Ted Cruz

When Republican Sen. Ted Cruz began his questioning, a protester stood and yelled for Cruz to "end gun terror."

"Thank you Jacinda Ardern!" The protester, a woman, shouted as she was escorted out of the hearing room, referring to the prime minister of New Zealand who announced a ban on automatic assault weapons after a mass shooting killed 50 people earlier this month.

"People are dying and you're killing them!" The protester yelled at Cruz, presumably for his lack of support for banning assault weapons.

Florida sheriff: "It's imperative that you don't just rely on law enforcement"

Ric Bradshaw, the sheriff of Palm Beach County, urged lawmakers to ensure that mental health professionals be involved in any process of removing firearms from those who are a threat to themselves or others.

"It's imperative that you don't just rely on law enforcement," Bradshaw said. Although he said that officers involved in removing firearms often have training in crisis management, clinicians and mental health experts should also be involved.

Dave Kopel, the research director of the Independence Institute and a gun rights advocate who supports red flag laws, warned that mental health professionals should be involved in the decision to remove firearms, to ensure that people's weapons are not removed without due cause.

"Without good due process, this process could be abused," Kopel said.

Ronald Honberg, senior policy adviser of the advocacy group National Alliance on Mental Illness, pointed out that it's more common for people with mental illness to commit suicide with a firearm than to perpetrate violence against others.

"It's very important that we not conflate mental illness with criminality," said Honberg.

Witnesses give opening statements

Among the first recommendations was one that embraced the idea behind red flag laws but not the term.

Ronald Honberg, senior policy adviser of the advocacy group National Alliance on Mental Illness, suggested that "terms like 'red flag' laws should be avoided." Using the term "red flag," he said, indicates that mental illness is a red flag, which would stigmatize mental illness as inherently violent.

Amanda Wilcox, the legislation and policy chair for the California chapters of the Brady Campaign to Prevent Gun Violence, spoke about her daughter Laura's death in a shooting in 2001. Laura was 19 years old. Wilcox said that red flag laws could have prevented Laura's death, as the shooter's family, girlfriend and caseworker had been concerned about him.

Wilcox said that these laws could "save lives every day," noting that firearms could be returned to people.

"One can always give the gun back. I cannot get her life back," Wilcox said about her daughter Laura.

Dave Kopel, research director of the Independence Institute and a gun rights advocate, offered another perspective, describing his opposition to red flag laws which are too strict. He advocated on behalf of individuals' rights to due process, and to defend themselves against having their firearms confiscated without sufficient cause.

"Federal funding should support best practices, and not the worst," Kopel said.

Feinstein makes opening remarks

In her opening statement, Judiciary Committee Ranking Member Dianne Feinstein discussed her proposed law, the Extreme Risk Protection Order Act of 2019, which would provide grants to incentivize states to adopt red flag laws.

Feinstein cited the example of Nikolas Cruz, the shooter who killed 17 people in Marjory Stoneman Douglas High School in Parkland, Florida, last year. Cruz had shown warning signs of violence prior to the shooting. Florida adopted a red flag law soon after the shooting.

Feinstein noted that San Diego has confiscated 318 firearms, including several automatic weapons, under California's red flag law. She expressed her regret that Congress had not taken more action to prevent gun violence until now.