Anchorage lawmaker proposes ‘red flag' bill to prevent gun deaths with court-ordered interventions

Yahoo

17-03-2025

A gun at Caso's Gun-A-Rama, open since 1967, on Feb 11, 2023, in Jersey City, NJ. (Photo by Aristide Economopoulos/NJ Monitor)
Alaska has the fifth-highest rate of gun deaths in the nation, with an average of 175 people dying each year by gun, according to the U.S. Centers for Disease Control and Prevention. An estimated 70% of gun deaths every year in Alaska, or 120 people, die by suicide.
House Bill 89, sponsored by Anchorage Democratic Rep. Andy Josephson, would allow law enforcement officers or household members to petition the court for a temporary protective order, to prevent someone who poses a danger to themself or others from possessing or accessing firearms.
'The goal of the bill would be to reduce the amount of fatalities,' Josephson said in an interview on Friday. 'So these come either in the form of a homicide, or a suicide, or they could be grievous assaults that are permanently disabling …. It seems like a good place to start.'
Nationwide, 21 states have enacted similar gun violence protective orders, often referred to as 'red flag' or 'extreme risk protective order' laws, for quick intervention for someone at risk.
A petition for the court order can be filed by a police officer, or a 'household member,' which includes a family member, current or former spouse, co-parent, person in a 'substantive dating relationship' or roommate of the individual.
A judge would evaluate the petition based on several criteria: the petition provides 'clear and convincing evidence' that someone is a danger to self or others; that 'less restrictive alternatives have been tried and were ineffective'; and if the respondent has been contacted by police. Witnesses can be called to testify under oath, or provide information to the court via an affidavit.
The bill allows an 'ex parte' hearing — where the individual is not notified — to protect others who may be endangered, Josephson said. 'You're not going to call your estranged lover or husband, and say, 'Hey, you're furious at me and threatening me. But I want you to feel even worse, because I'm about to tell you I'm going down to court.' I mean, think how dangerous that would be, right? So you have to sort of have an ex parte system,' he said.
A judge could issue the emergency order for 20 days or up to six months, with the possibility of renewal.
Often gun rights enthusiasts say, 'Please focus on the dangerous people, the people that are real threats, and leave me out of it.' And this bill absolutely does that.
– Rep. Andy Josephson, D-Anchorage
Police would then notify the individual of the court order, and they would have the right to respond and request the order modified at a hearing within 20 days. Under the court order, they would have 24 hours to surrender all firearms to local law enforcement, who would store them until the order expires.
Opponents of the bill have voiced concerns with court orders infringing on the U.S. Constitution's Second Amendment right to bear arms. Josephson said he understands, but there has to be limitations on people who are at extreme risk.
'I respect the critics of the bill,' he said. 'We shouldn't broad-brush people and say, 'a pox on everyone's houses.' In fact, often gun rights enthusiasts say, 'Please focus on the dangerous people, the people that are real threats, and leave me out of it.' And this bill absolutely does that.'
The bill sparked debate in the House State Affairs Committee during its first hearing on Thursday, and passionate public testimony both in support and opposition.
'I have received more emails on this issue than I have on education,' said Homer Republican Rep. Sarah Vance. 'You have created a firestorm in the state over this bill …. What crime have they committed? Simple as that: What crime have they committed?'
Josephson pointed to current state law for domestic violence restraining orders, which already allows a judge to prohibit possession of firearms for those served, and to order them surrendered to police. This would go a step further, to intervene before violence takes place, he said.
'Fundamentally, they're not allowed to threaten people with firearms or to assume that if they're suicidal, God forbid, as tragic as that is, that the public is just going to watch them live amongst guns and not care about their their health. So that's the answer,' he said.
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Josephson also pointed to new federal case law: Last year, the U.S. Supreme Court ruled in U.S. v. Rahimi that to prohibit domestic abusers from possessing guns is constitutional under the Second Amendment. 'Our tradition of firearm regulation allows the Government to disarm individuals who present a credible threat to the physical safety of others,' Chief Justice John Roberts wrote in the majority opinion.
Supporters of the bill testified and urged lawmakers to prevent further personal tragedy, while opponents expressed concern with the process and limiting the right to have guns.
'Guns are so lethal in the suicide world,' said Gordon Williams of Douglas, a self-described gun owner and hunter, speaking in support of the bill. 'Ninety percent of suicide attempts with a gun are successful, and that doesn't give (people) a chance …. So I think HB 89 provides an important tool to focus on mental health. Having the weapon out of the equation while mental health services are provided, and mental health can address it, is a really good thing.'
Spencer King of Wasilla opposed the law.
'If this is done ex parte, is this going to be like served through a no knock warrant at 5 a.m., waking people up in the middle of the night and kicking in their door with no notice?' King said. 'I don't support this bill at all. And this is just a ploy by the gun grabbers to add more burden to legal gun owners that are going to be burdened by judicial and bureaucratic hardship.'
The House State Affairs Committee Chair Rep. Ashley Carrick, D-Fairbanks, said public testimony will continue, though the next hearing of the bill has not been scheduled yet.
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