Potential bill may give police the right to temporarily take away guns

CHARLESTON, SC (WCSC) – Democratic Rep. Ivory Thigpen has introduced a bill that would allow law enforcement officers to temporarily take away a person’s guns if they’re considered a risk. The bill is currently under committee review, but it is a version of an extreme risk protection order (ERPO). These orders enable court to temporarily prohibit a person from having guns if officials determine they pose a significant threat. In this case, law enforcement officers would have to file a complaint with a probate court and have to prove probable cause that a person poses a risk of “imminent personal injury” to himself or other individuals. A judge could look at factors like recent threats made by the person, acts of violence, and alcohol abuse when determining if they should have their guns taken away. But the court must hold a hearing within seven days of the warrant to determine if the person can get their guns back. Peter Zalka is the board chairman for Arm in Arm which is a group aimed at stopping gun violence and promoting responsible gun ownership. LOADING… "It separates an individual who’s in crisis or in a dangerous situation from their firearms, separating them temporarily,” says Zalka. “The safe guard to the person’s due process and their second amendment rights is that this ERPO process has to go through the courts." Right now, there is not a current law that addresses the exact same issues that the pre-filed bill does. If this passes, […]

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