Hawaii Red Flag Gun Confiscation Law Now Active

Published on January 3, 2020
Duration: 2:06

Hawaii has enacted a red flag law, effective January 1st, 2020, making it the 19th state with such legislation. The law allows for the confiscation of firearms from individuals deemed a risk, with orders lasting from days to a year, renewable. A significant concern raised is the shift in the burden of proof, placing it on the individual whose rights are affected, contrary to constitutional principles. While perjury charges are stipulated for false claims by petitioners, the commentary suggests enforcement may be lax in what is described as a leftist state.

Quick Summary

Hawaii's red flag law, effective January 1st, 2020, allows for firearm confiscation orders lasting up to a year, with extensions possible. A key aspect is the shifted burden of proof, requiring individuals to prove their innocence. The law also stipulates perjury charges for false claims by petitioners.

Chapters

  1. 00:00Introduction to Red Flag Laws
  2. 00:16Hawaii's Red Flag Law Enacted
  3. 00:45Duration of Red Flag Orders
  4. 00:54Burden of Proof Shift
  5. 01:14Perjury Charges Provision
  6. 01:34Update for Island Residents

Frequently Asked Questions

When did Hawaii's red flag law become active?

Hawaii's red flag law became active on January 1st, 2020, making it the 19th state in the U.S. to enact such legislation.

How long can a red flag order in Hawaii last?

Red flag orders in Hawaii can last anywhere from days to a year. If a longer duration is requested, the petitioner can seek extensions of one year at a time.

What is the burden of proof under Hawaii's red flag law?

Under Hawaii's red flag law, the burden of proof is shifted to the individual whose rights are affected. This means they must prove their innocence, rather than the government proving guilt.

Are there penalties for falsely reporting someone under Hawaii's red flag law?

Yes, Hawaii's law includes a provision for perjury charges to be filed against any petitioner who lies to get someone else's gun removed.

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