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Seize First, Ask Questions Later: How Red Flag Laws Undermine Due Process

Aug 5th 2026

Red flag laws — formally known as Extreme Risk Protection Orders (ERPOs) — have spread to more than 20 states over the past decade, marketed as a common-sense tool to prevent violence. But beneath the appealing label lies a legal mechanism that critics argue strikes at the heart of constitutional protections Americans have relied on for over two centuries. Understanding how these laws actually work reveals why so many gun owners, civil liberties advocates, and legal scholars view the …
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