Red Flag compliance question

[HankB]

This question is about Red Flag compliance on the part of the person being targeted. I understand different states may have different RF provisions, but I'm curious about implementation.

Suppose local LEOs show up early one morning, present you with red flag paperwork, enter your house (you DO NOT fight them!) find some guns and take them. I don't know if they ask you to sign anything or ask you any questions, but if they do, you attempt to call your attorney - if they prevent that, your response to everything they say is "I wish to speak with my attorney." You don't sign anything.

1. They don't find ALL of your guns. Should you keep your mouth shut and NOT tell them they missed a few as they're leaving? (What if the ones they don't find belong to your spouse, not you?)
2. You are not charged with any crime. You are not informed that you are being investigated for any crime, you've never been convicted of a crime, you're not a druggie or illegal alien, so red flag notwithstanding, can you still answer "NO" to all the usual questions on a 4473 form?
3. Are red flag orders reported to the federal NICS database, and do they become a disqualifyer?
4. If your state still allows private sales, can you obtain another firearm that way?

 

[Spats McGee]

This question is about Red Flag compliance on the part of the person being targeted. I understand different states may have different RF provisions, but I'm curious about implementation.

Then you already understand that a blanket answer to the rest of your questions is useless. I'm not trying to be harsh, but that's the simple legal reality. What CA does with its RF laws has no bearing on FL's RF laws, or TX, etc., etc., and each state will have to be evaluated individually.

1. They don't find ALL of your guns. Should you keep your mouth shut and NOT tell them they missed a few as they're leaving? (What if the ones they don't find belong to your spouse, not you?)
2. You are not charged with any crime. You are not informed that you are being investigated for any crime, you've never been convicted of a crime, you're not a druggie or illegal alien, so red flag notwithstanding, can you still answer "NO" to all the usual questions on a 4473 form?
3. Are red flag orders reported to the federal NICS database, and do they become a disqualifyer?
4. If your state still allows private sales, can you obtain another firearm that way?

Please see above.

 

[HankB]

OK, States may have different red flag laws, so an answer to points 1 and 4 could vary from state to state. Let's ignore those for now.

Points 2 and 3 deal more with federal laws - will state red flag laws impact compliance with FEDERAL requirements? It's not obvious to me that a state red flag order would have an impact on something like filling out the federal 4473 questions honestly in the absence of arrest, charges, indictments, etc. And I don't know if the NICS database keeps track of things other than actual crimes, indictments, etc.

I'm not trying to be argumentative, I just don't know and am trying to get a little insight into the wider implications of a red flag order. Even if it's just for one exemplar state it might give a little insight into the process, with the understanding it wouldn't necessarily apply elsewhere.

 

[CapnMac]

And I don't know if the NICS database keeps track of things other than actual crimes, indictments, etc.

NICS does not "track" anything.
Each State is meant to submit a list, with Full Name and Address, of everyone convicted of Felonies.
And of those Convicted of Misdemeanor DV.
And anyone Disqualified by legal finding of Mental Incompetence.

If a submitted name is found on the List, then it's a Deny.
If a submitted name matches more than once on the List, then it's a Delay.*
All other results are to get a Proceed.

______________________
*This is a well-known issue among those creating databases sing information provided by 3rd parties.
If a name is rendered as "Deaux, John Qunsy" is that middle name accurate, or a Clerk's misspelling?
The situation with no, and multiple, middle names is also well known.
So, you get
Deaux, John Q
Deaux, John Q (MIO)
Deaux, John Q.

All before having to cope with
Deaux, John Q Q
Deaux, John Q. Q.
Deaux, John (TMI)