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Politifact Wisconsin: Red flag laws

Posted: 7:42 PM, Oct 30, 2019
Updated: 2019-10-30 20:42:54-04

MILWAUKEE — Red flag laws have became a rallying cry for Democrats and Governor Evers who want to see more gun control laws. But do "red flag" laws allow guns to be seized without a judge's ok?

PolitiFact Wisconsin puts that claim to the Truth-O-Meter.

Speaker Robin Vos is not a fan of red flag laws. During a Facebook live conversation with TMJ4's Charles Benson he suggested they violate gun owners constitutional rights.

"He said under a red flag law police take the weapon first and the gun owner then has to go before the judge to get it back," said Eric Litke with PolitiFact Wisconsin.

Red flag laws are now in more than a dozen states. They are designed to take away guns from people who are deemed to be a danger to themselves or others.

PolitiFact Wisconsin says most red flag laws - including the one proposed by Governor Evers - require a judge to sign off before guns can be seized.

"The law that Evers has proposed doesn't work like Vos described," said Litke. "It requires police or family members to petition a judge who then decides whether the guns should be seized. So no action is taken without a judge's okay."

However, PolitiFact Wisconsin points out one state, Indiana does allow police to seize a firearm without first getting a judicial order.

A Vos spokesperson told PolitiFact Wisconsin he misheard the question when asked about red flag laws.

PolitiFact Wisconsin rated Vos' claim Mostly False

Red flag laws have became a rallying cry for Democrats and Governor Evers who want to see more gun control laws. But do "red flag" laws allow guns to be seized without a judge's ok?

PolitiFact Wisconsin puts that claim to the Truth-O-Meter.

Speaker Robin Vos is not a fan of red flag laws. During a FaceBook live conversation with TMJ$'s Charles Benson he suggested they violate gun owners constitutional rights.

"He said under a red flag law police take the weapon first and the gun owner then has to go before the judge to get it back," said Eric Litke with PolitiFact Wisconsin.

Red flag laws are now in more than a dozen states. They are designed to take away guns from people who are deemed to be a danger to themselves or others.

PolitiFact Wisconsin says most red flag laws - including the one proposed by Governor Evers - require a judge to sign off before guns can be seized.

"The law that Evers has proposed doesn't work like Vos described," said Litke. "It requires police or family members to petition a judge who then decides whether the guns should be seized. So no action is taken without a judge's okay."

However, PolitiFact Wisconsin points out one state, Indiana does allow police to seize a firearm without first getting a judicial order.

A Vos spokesperson told PolitiFact Wisconsin he misheard the question when asked about red flag laws.

PolitiFact Wisconsin rated Vos' claim Mostly False.