Georgia House Bill HB584

Georgia 2023-2024 Regular Session

• Introduced: 2/23/23

Caption

Georgia Red Flag Protective Order Act; enact

Impact

The enactment of HB584 would revise Georgia's existing laws surrounding dangerous instrumentalities and practices, aiming to impose stricter controls on firearm possession for individuals identified as threats. This bill supports the notion that individuals experiencing severe mental health crises, or those with a history of violence, could be monitored and restricted from accessing firearms until deemed safe. By establishing this legal process, it seeks to enhance public safety while providing individuals a way to contest the orders and reclaim their rights after meeting certain criteria.

Summary

House Bill 584, also known as the Georgia Red Flag Protective Order Act, introduces a legal framework for the issuance of risk protection orders aimed at preventing individuals deemed a significant danger to themselves or others from possessing firearms. The bill outlines specific procedures for family members or law enforcement to petition the court for such orders, which can include temporary ex parte orders. These orders would require individuals to surrender any firearms, ammunition, or related licenses to law enforcement, creating a mechanism to temporarily inhibit access to guns when dangerous situations arise.

Contention

While supporters argue that the bill will significantly reduce instances of gun violence and protect vulnerable populations, opponents raise concerns over potential misuse and the infringement on Second Amendment rights. Critics worry that the process could lead to unjust deprivation of firearms without due process. Furthermore, emphasis is placed on the adequacy of mental health assessments and the general community's awareness of the systems established to handle these sensitive matters, raising questions about how effectively these will be communicated and enforced.