Second Amendment activists quickly took to social media following the filing of a Red Flag bill in the Mississippi Senate on Thursday.
Democrat State Senators Robert Jackson (SD 11) and David Jordan (SD 24) filed Senate Bill 2055 that would create a process by which a person’s right to possess firearms can be restrained if that person is found to be a danger to himself or others.
SB 2055 was double referred, meaning it was assigned to two Senate Committees – Judiciary A and Accountability, Efficiency, Transparency – and would need to make its way out of both to see the light of day for consideration by the full Mississippi Senate.
Given the strong Republican majorities in those committees, shown below, SB 2055 is essentially dead on arrival.
And if there was still a question on that, Judiciary A chairwoman Sen. Sally Doty told Y’all Politics, “I’m committed to protecting the 2nd Amendment rights of Mississippians. I do not plan to take up any gun control measures.”
In the wake of Red Flag laws passed around the country, nearly 100 counties and cities have adopted Second Amendment Sanctuary resolutions opposing the gun law and emergency protection orders.
As State Rep. Dana Criswell noted in his recent op-ed on Y’all Politics, “The Desoto County Board of Supervisors will be considering a Second Amendment Sanctuary resolution during their January 21, 2020 meeting, as will several cities in the county.”
What is a Red Flag law?
Red Flag laws are popping up across the country largely in response to mass shootings. The laws are primarily being enacted by Democratic legislatures. Connecticut was the first state to adopt a Red Flag law in 1999, with 17 states and D.C. now having some form of the law.
Red Flag laws allow law enforcement or family members to petition a court to order the temporary removal of firearms. In SB 2055, it would be in a Mississippi Chancery Court. An extreme risk protection order would be sought against the accused.
The process begins by filing an affidavit in court alleging that the person in question poses a danger of causing personal injury to himself or another person by purchasing, possessing or receiving, or having in his or her custody or control, a firearm.
If the order is granted, SB 2055 reads, the judge would authorize a search warrant directing a law enforcement agency to seize the firearms. The court may, as part of that warrant, direct the law enforcement agency to search the accused’s residence and other places where the court finds there is probable cause to believe he/she is likely to possess the firearms.
SB 2055 would also order the accused to turn over to the local law enforcement agency any concealed carry license in his or her possession. The local law enforcement agency would then mail the concealed carry license to the Mississippi Department of Public Safety for safekeeping.
The firearms and the concealed carry license, if unexpired, would be returned to the accused after the extreme risk protection order is terminated by the court or expires.