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Thank you for contacting me about S. 7, the Extreme Risk Protection Order and Violence Prevention Act of 2019. I always appreciate hearing from Arizonans about issues facing our state and country. It is important that we have conversations about topics that matter to you and your family, and I hope you will continue to reach out to me and share your perspectives and suggestions.
The Second Amendment of the U.S. Constitution guarantees the rights of Americans to keep and bear arms. At the federal level, the National Firearms Act of 1934 and the Gun Control Act of 1968 set the minimum standards for firearms regulation. Individual states and localities may enact stricter firearms laws.
After a workplace shooting in 1999, Connecticut became the first state to enact a risk warrant law, also known as a red flag law, that allows law enforcement officials to petition a judge to order the confiscation of firearms from an individual believed to pose a threat to him or herself or others. Since then, and particularly after the February 2018 Marjory Stoneman Douglas shooting in Parkland, Florida, other states have enacted similar laws. Fourteen states now enforce versions of Connecticut's original risk warrant law, also known as Extreme Risk Protection Order (ERPO) laws.
Senator Marco Rubio (R-FL) introduced S. 7, the Extreme Risk Protection Order and Violence Prevention Act, on January 3, 2019. This legislation, by creating a grant program administered by the U.S. Department of Justice, encourages states to enact and implement ERPO laws. To qualify for grant funding, a state law must conform to certain requirements, including the establishment of a process whereby family members or law enforcement officers can petition for an ERPO from a court. To grant such an order, the court must find clear and convincing evidence that an individual poses a significant threat to self or others. The order's duration may not exceed 12 months, but may be renewed. The person subject to the order retains the right to request a full legal hearing to vacate the order or its subsequent renewal. If the court finds that the individual does present a danger to self or others, the person must surrender all firearms to local law enforcement authorities. The authorities will provide a receipt and all confiscated items will be returned when the order expires. Supporters of S. 7 contend the legislation does not compel any action by states, but instead encourages lawful preemption and prevention of gun violence in American communities while preserving legal due process. Opponents believe the legislation infringes on Americans' Second Amendment rights to keep and bear arms. S. 7 was referred to the Senate Committee on the Judiciary, where it may be considered.
The Second Amendment protects our fundamental rights as Americans, and I support those rights. I also believe there are commonsense actions we can take to increase safety and prevent needless deaths. I agree with a majority of Arizonans that people who are violent felons or dangerously mentally ill should not have access to firearms. Empowering family members and sworn law enforcement in our communities who recognize potentially dangerous behavior to act through a court of law can help prevent violence while ensuring due process for Arizonans. I support legislation to expand mental health first aid training for first responders and school staff. I cosponsored legislation backing scientific research to understand the causes of gun violence in our country. I also support bipartisan legislation expanding the current background check system to cover firearm sales by licensed and unlicensed dealers, and I will continue working with Senators from both parties to protect our rights while supporting measures that will save lives and build safer communities.
Thank you for sharing your view on this issue with me. Please do not hesitate to contact our office with any future questions or comments. Additionally, if you would like to stay connected to our office with the latest news, legislation, and other useful information, please visit our website, sinema.senate.gov.
The Second Amendment of the U.S. Constitution guarantees the rights of Americans to keep and bear arms. At the federal level, the National Firearms Act of 1934 and the Gun Control Act of 1968 set the minimum standards for firearms regulation. Individual states and localities may enact stricter firearms laws.
After a workplace shooting in 1999, Connecticut became the first state to enact a risk warrant law, also known as a red flag law, that allows law enforcement officials to petition a judge to order the confiscation of firearms from an individual believed to pose a threat to him or herself or others. Since then, and particularly after the February 2018 Marjory Stoneman Douglas shooting in Parkland, Florida, other states have enacted similar laws. Fourteen states now enforce versions of Connecticut's original risk warrant law, also known as Extreme Risk Protection Order (ERPO) laws.
Senator Marco Rubio (R-FL) introduced S. 7, the Extreme Risk Protection Order and Violence Prevention Act, on January 3, 2019. This legislation, by creating a grant program administered by the U.S. Department of Justice, encourages states to enact and implement ERPO laws. To qualify for grant funding, a state law must conform to certain requirements, including the establishment of a process whereby family members or law enforcement officers can petition for an ERPO from a court. To grant such an order, the court must find clear and convincing evidence that an individual poses a significant threat to self or others. The order's duration may not exceed 12 months, but may be renewed. The person subject to the order retains the right to request a full legal hearing to vacate the order or its subsequent renewal. If the court finds that the individual does present a danger to self or others, the person must surrender all firearms to local law enforcement authorities. The authorities will provide a receipt and all confiscated items will be returned when the order expires. Supporters of S. 7 contend the legislation does not compel any action by states, but instead encourages lawful preemption and prevention of gun violence in American communities while preserving legal due process. Opponents believe the legislation infringes on Americans' Second Amendment rights to keep and bear arms. S. 7 was referred to the Senate Committee on the Judiciary, where it may be considered.
The Second Amendment protects our fundamental rights as Americans, and I support those rights. I also believe there are commonsense actions we can take to increase safety and prevent needless deaths. I agree with a majority of Arizonans that people who are violent felons or dangerously mentally ill should not have access to firearms. Empowering family members and sworn law enforcement in our communities who recognize potentially dangerous behavior to act through a court of law can help prevent violence while ensuring due process for Arizonans. I support legislation to expand mental health first aid training for first responders and school staff. I cosponsored legislation backing scientific research to understand the causes of gun violence in our country. I also support bipartisan legislation expanding the current background check system to cover firearm sales by licensed and unlicensed dealers, and I will continue working with Senators from both parties to protect our rights while supporting measures that will save lives and build safer communities.
Thank you for sharing your view on this issue with me. Please do not hesitate to contact our office with any future questions or comments. Additionally, if you would like to stay connected to our office with the latest news, legislation, and other useful information, please visit our website, sinema.senate.gov.
