HR5717: The Gun Confiscation Bill of 2018! - The Legal Brief!

Published on May 30, 2018
Duration: 6:09

This video analyzes HR 5717, the Jake Laird Act of 2018, which proposes federal funding for states implementing firearm seizure programs. It details the bill's definition of 'dangerous,' the criteria for state law eligibility, and the legal processes involved in firearm seizure, including warrant requirements, exigent circumstances, and post-seizure hearings. The analysis highlights potential ambiguities in the 'dangerous' definition and the implications for due process and firearm ownership rights.

Quick Summary

HR 5717, the Jake Laird Act of 2018, proposes federal funding for state firearm confiscation programs. It defines 'dangerous' broadly, allowing seizure via warrant or in exigent circumstances. Post-seizure hearings are mandated, with the government bearing the burden of proof. Individuals found dangerous are added to NICS and can petition for firearm return after 180 days.

Chapters

  1. 00:00Introduction to The Legal Brief
  2. 00:46Introduction of HR 5717 (Jake Laird Act)
  3. 00:50Bill Funding and Timeline
  4. 01:15Attorney General's Power to Grant Funds
  5. 01:31Definition of 'Dangerous'
  6. 02:15Potential Issues with 'Dangerous' Definition
  7. 02:35State Law Requirements for Funding
  8. 02:43Warrant Requirements for Seizure
  9. 02:59Warrantless Seizures and Exigent Circumstances
  10. 03:11Defining Exigent Circumstances
  11. 03:24Post-Seizure Hearing Requirements
  12. 03:37Court Orders Upon Finding of Dangerousness
  13. 03:54Notice of Hearing and Burden of Proof
  14. 04:08Return of Firearm to Third-Party Owner
  15. 04:18NICS Database Inclusion
  16. 04:24Petition for Return of Firearms
  17. 04:34Evidentiary Standards for Return
  18. 04:39Re-petitioning After Denial
  19. 04:44Firearm Disposal After 5 Years
  20. 04:52Request for Firearm Sale
  21. 05:06Bill Recap and Analysis
  22. 05:24Bill Status and Conclusion

Frequently Asked Questions

What is HR 5717, the Jake Laird Act of 2018?

HR 5717, also known as the Jake Laird Act of 2018, is a bill introduced in the U.S. House of Representatives that proposes to allocate $50 million annually from 2019 to 2021 to fund state programs allowing for the seizure of firearms from individuals deemed 'dangerous.'

How does HR 5717 define a 'dangerous' person?

The bill defines 'dangerous' broadly, including individuals who may risk injuring themselves or others and have a mental illness with inconsistent medication adherence, a history of violent conduct, or pose a significant danger by possessing a firearm. The definition has been noted for its potential ambiguity and broad interpretation.

What are the legal processes for firearm seizure under HR 5717?

HR 5717 allows for firearm seizure via a warrant based on probable cause that the individual is dangerous and possesses a firearm, or in exigent circumstances with probable cause for warrantless seizure. A post-seizure hearing is required within 21 days to determine dangerousness, with the government bearing the burden of proof.

What happens if an individual is found to be 'dangerous' under HR 5717?

If an individual is found dangerous, their firearms are seized, their carry license may be revoked, they are restrained from acquiring new firearms, and they are added to the NICS database. They can petition for the return of their firearms after 180 days by proving they are no longer dangerous.

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