Maryland

Red Flag Gun Law, Bump Stock Ban Pass DC Council

The law allows police to seize guns from people deemed a threat to themselves or others

Gun laws passed Tuesday by the D.C. Council take aim at high-capacity firearms and create a way for police to seize guns from people who may harm themselves or others.

The red flag law gives the police authority to seek a judge's permission to remove guns from someone if a loved one or health professional warns police that the person poses an imminent threat to themselves or others — even if the gun owner has not committed a crime.

"A family owner that knows someone has expressed a desire to either harm themselves or others," Councilmember Charles Allen said, "We want them to say something."

Thirteen states, including Maryland and Delaware, have adopted red flag laws and six other states are considering the rule.

D.C. is the first jurisdiction to include an immunity clause, prohibiting police from charging someone with a crime if the gun they have isn't legal.

The U.S. Attorney's Office and Chief of Police Peter Newsham objected to that portion. During a session on Tuesday, council amended to law to clarify that convicted felons and parolees flagged under the law can still be charged for gun possession.

Mayor Muriel Bowser is expected to sign the law, which could take effect next year.

The council also voted to ban bump stocks, which allow semi-automatic weapons to fire like an automatic. The Trump administration also moved Tuesday to ban bump stocks, which were used in the October 2017 shooting at a Las Vegas music festival where 58 people died.

After 10-year-old Makiyah Wilson was killed over the summer in a shooting that involved high-capacity magazines, D.C. Council tripled the penalty for possessing them. Under the new law, the penalty for possessing one is raised from one year in jail to three.

Contact Us