Should Kentucky adopt a ‘red flag’ gun law? Bevin and Beshear disagree.
Kentucky Gov. Matt Bevin rejected the idea of a “red-flag” gun law Wednesday, saying it would by “an erosion of our constitutional rights” if police or family members could ask a judge to temporarily remove a gun from a potentially dangerous person.
The Republican governor’s Democratic opponent in Tuesday’s election for governor, Attorney General Andy Beshear, has repeatedly said he favors such laws.
So do three Kentucky state senators — two Republicans and one Democrat — who have said they will present legislation to the 2020 Kentucky General Assembly that would create extreme risk protection orders, or “red flag” laws. They are Senate Minority Floor Leader Morgan McGarvey of Louisville, Senate Majority Caucus Chair Julie Raque Adams of Louisville and Sen. Paul Hornback, R-Shelbyville.
When asked by reporters Wednesday, Beshear reiterated his support for red flag laws during a campaign stop at Heine Brothers Coffee shop on Bardstown Road in Louisville. He previously called for such a law in early August after 31 people were killed in two mass shootings.
At the time, Bevin’s campaign did not respond to questions from the Herald-Leader about his stance on red flag laws.
On Wednesday, though, Bevin said during a news conference in the Capitol that such proposals are “a slippery slope we do not need to go” down and that they “are an erosion of our constitutional rights.”
He said society certainly needs to be “smarter about making sure we take care of people with behavioral health problems.” But red-flag laws “are not the way to go.”
Dudley Brown, president of the National Association of Gun Rights, said his group opposes red flag laws.
“We’ve been outspoken opponents from day one because they violate citizens’ due process rights,” he said.
His comments came after he presented awards to Bevin and state Rep. Savannah Maddox, R-Dry Ridge, for their work this year in getting legislative approval to allow people to carry a gun openly or concealed without a state-issued permit.
Seventeen states have enacted laws that allow a court to intervene when someone shows warning signs of impending violence.
Democrats in the Kentucky House and Senate earlier this year proposed similar legislation but the bills died in committee without getting a vote.
The laws vary in different states. In Indiana, only police can request a court to remove weapons. In Oregon, any person living with the person they are concerned about can ask the court to act.
McGarvey, Adams and Hornback said they are working on a draft of a bill to present lawmakers in January.
They haven’t finalized details, such as who could petition the court to remove a gun from a dangerous person, but said it likely would include police, close family members and mental health professionals. They said they are open to also considering teachers.
The legislature’s interim Judiciary Committee is to discuss the legislation Nov. 22.
This story was originally published October 30, 2019 at 4:23 PM.
