A new law bans the creation or enforcement of extreme risk protection orders, stripping families’ and the police’s ability to ask courts to remove weapons from those in crisis.
the creation or enforcement of red flag laws, also called extreme risk protective orders or ERPOs, which allow courts to temporarily remove firearms from those who pose a serious risk to themselves or others.
This represents an enormous step backward for the country and specifically for Texas, home to some of the most horrific. This includes the 2022 massacre at Robb Elementary School in Uvalde, where 19 children and two educators lost their lives. As a mental health attorney, I work with families who devote themselves night and day to the safety and well-being of loved ones with serious mental health issues. It’s not unusual for such individuals struggling withideation—symptoms that often necessitate immediate intervention. In the 21 U.S. states currently with red flag laws, families have the ability to petition for the short-term removal of guns from those in crisis, a crucial means of keeping their loved ones and communities safe. But no longer in Texas. Here, families will now live in perpetual fear that their decompensating loved ones have access to deadly weapons. And the law goes further than blocking the use of ERPOs. It prevents judges from issuing or enforcing them unless explicitly authorized by Texas law, particularly if the order is not based on a criminal charge or existing protective order. It also makes it a felony for government officials to enforce such orders, and prohibits the use of federal funds to implement or enforce them. The irony is that overall, there is little that's controversial with regard to red flag laws. They involve judicial oversight, allow individuals to contest them, and only remove firearms for limited, designated periods of time. They are commonsense measures supported by data, with numerous studies showing their effectiveness infrom the Pew Research Center, 88 percent of Americans favor preventing those deemed to be a danger due to a mental health crisis from purchasing guns, including 72 percent who are in strong favor of such a policy.. For example, a judge presented with a red flag petition has no ability to mandate that the person in question undergo a mental health evaluation and/or comply with prescribed mental health treatment. Instead, the individual is free to simply go about his or her life. The person might also eventually get the weapon back. Right or wrong, this aspect of red flag laws illustrates how far they go to honor civil liberties. Specifically designed to allow for interventiona person has violated a law, they don’t give the court system leverage to take any action beyond the temporary removal of a firearm. These protections for civil liberties aim to strike a balance between individual rights and public safety. However, the ongoing debate often reflects strong, deeply held beliefs rather than common solutions. I understand how complex it is to navigate this balance, but it’s hard to justify allowing people in severe mental health crises to keep access to lethal weapons. When families have limited ability to act in genuine emergencies, the risk of harm rises for everyone. It’s important to consider how law changes affect those with mental health issues and the professionals working hard to keep them safe. Standing up for evidence-based, commonsense approaches, as well as protection of the most vulnerable among us, represents the only viable way forward for the safety of children, communities, and law enforcement who take risks every day as part of the job they do for us all.is a mental health attorney guiding families through the complex landscape of legal issues that impact individuals with serious mental illness and/or substance abuse.Life never gets easier. Fortunately, psychology is keeping up, uncovering new ways to maintain mental and physical health, and positivity and confidence, through manageable daily habits like these. How many are you ready to try?Self Tests are all about you. Are you outgoing or introverted? Are you a narcissist? Does perfectionism hold you back? Find out the answers to these questions and more with Psychology Today.
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