Red flag laws, also known as Extreme Risk Protection Orders, are legal tools that allow courts to temporarily remove firearms from individuals who have shown to pose a danger to themselves or others. Currently, 21 states have red flag laws, including Florida, California, and New York. Many have advocated for red flag laws at the federal level, but others have argued that they are ineffective and unconstitutional. Today, the debate continues over whether such laws are a necessary public safety measure or a threat to constitutional rights.

Proponents of federal red flag laws argue that these measures are a proactive way to prevent gun violence before it occurs. They argue that many acts of gun violence, including mass shooting, could be avoided if firearms were temporarily removed from individuals who show warning signs. This side claims that the Second Amendment was not designed to prevent law enforcement from taking actions that will reduce gun violence and believe the government should be able to remove firearms, if necessary, in order to protect others in the country.

Opponents of federal red flag laws argue that these policies infringe upon constitutional rights, particularly the Second Amendment and due process. They express concern over proposals that would allow the government to take guns from individuals, especially in a manner where no criminal charges are made or trial had. Opponents worry that the burden of proof may be too low to remove firearms, potentially leading to unjust outcomes. Additionally, some argue that while red flag laws could be beneficial, federal involvement would violate the principle of federalism by legislating on an issue that should be left to each individual state.

So, what do you think? Should Congress Enact Red Flag Laws for Firearms? Students can answer, “Yes, they should;” “No, they should not;” or a nuanced answer in between! Be sure to submit your responses by May 8 to be considered for this week’s contest.

 

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Note: Ideal Think the Vote responses include the following:      

• Address the question asked in a thoughtful and meaningful manner     
• Use cited facts and constitutional arguments when appropriate to support their answers      
• Are expressed in cohesive sentences and are free of distracting spelling, punctuation, and grammatical errors      
• They address counterarguments and opposing concerns in a respectful manner      
• They organize their answer in a manner that flows logically and reads clearly   

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JOIN THE DEBATE BELOW FOR A CHANCE TO WIN A $1,000 CASH SCHOLARSHIP! 

For this question, BRI will be giving away two $25 gift cards, one to each person providing the best defense of each side of the debate. Both students will also win BRI swag. Each student winner will also be entered for a chance to win a grand prize of a $1,000 cash scholarship. Additionally, the referring teachers for both students will each win a $25 gift card and BRI swag. 

This question will run from 4/24/25 to 5/8/25, so be sure to submit your answers in time to be considered for our prizes!