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Why North Carolina does not have a Red Flag Gun law: Verify Fact Check

A red flag law allows loved ones or law enforcement to petition a court for an order that would temporarily prevent someone in a crisis from accessing guns.

CHARLOTTE, N.C. — Police are still searching for the suspect accused of killing 18 people in a mass shooting in Maine on Wednesday night.

Law enforcement said the man was committed to a mental health facility over the summer and was “hearing voices and had threatened to carry out a shooting." 

This news is prompting many to discuss “red flag laws,” which temporarily prevent people in crisis from accessing a firearm. Some people are wondering whether more states should enact these laws.

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WHAT WE FOUND

A red flag law allows loved ones or law enforcement to petition a court for an order that would temporarily prevent someone in a crisis from accessing guns.

Back in March, democrats filed House Bill 281, which re-introduced the idea of a red flag law in North Carolina. Twenty-one states have red flags laws in place, but North and South carolina are not among them.

RELATED: Live Updates | Law enforcement continues search for Lewiston mass shooting suspect

Governor Cooper has been very vocal about his support for a red flag law in North Carolina. Opponents reject the idea, arguing it would potentially ‘take guns away from law-abiding citizens. 

Despite possible federal funding available, the passage of a red flag law in North Carolina seems unlikely since Republicans say the idea of using federal money for gun laws would ‘infringe on the people’s second amendment rights.'

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Like North Carolina, Maine does not have a red flag law either, instead, it has a yellow flag or yellow paper law, which is a process that requires more steps than the red flag law. Yellow flag requirements are generally harder to meet, for example, a person can only have their firearms taken away if they first had a run-in with the law.

A medical professional must then assess whether the person presents a likelihood of foreseeable harm.

This topic has certainly continued the conversation across the country of whether or not red flag law could have prevented the tragic mass shooting in Maine. 

Governor Cooper issued the following statement following the shooting in Maine: 

The Governor has taken his own executive actions including creating NC S.A.F.E., a statewide initiative to encourage people to safely secure their firearms, establishing a statewide Office of Violence Prevention and adding 280,000 convictions to the criminal record background check system. The Governor supports legislation to strengthen background checks, add red flag laws and close gun permit loopholes.

RELATED: Maine mass shooting suspect left note addressed to his son, officials say

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