August 24, 2023
BELLEVUE, WA – Two days after filing a federal lawsuit challenging a so-called “Red Flag” law in Maryland, the Second Amendment Foundation is announcing the launch of a new project to take subsequent legal actions against similar laws in several states.
This new initiative is called “Capture the Flag,” and it will focus on abuses and mis-application of “Extreme Risk Protection Order (ERPO)” statutes which have been adopted by 21 states and the District of Columbia.
“SAF’s ‘Capture the Flag’ initiative looks to challenge these laws that deprive individuals of their right to keep and bear arms, where appropriate, based on evidentiary standards that are constitutionally impermissible,” explained SAF Executive Director Adam Kraut, who is a practicing civil rights attorney.
Kraut said the project will initially focus on “Red Flag” laws in six states: California, Florida, Maryland, Massachusetts, New Jersey and Washington.
“SAF has been concerned about these statutes since they first started showing up,” noted SAF founder and Executive Vice President Alan M. Gottlieb. “We have already taken legal action against officials in Maryland for an egregious abuse of the law against a citizen in Dorchester County. But all of these laws should raise alarms because they prioritize citizen disarmament ahead of due process, and that can easily lead to deprivation of rights under color of law.”
Kraut said the fundamental flaw in all of these laws is that they essentially consider people guilty until they prove themselves innocent, a concept diametrically opposed to the way our criminal justice system is supposed to work, where the burden of proof is on the state, not the individual.
“When any citizen is unjustly deprived of his or her rights, it is an affront to all of us,” Kraut observed, “and we must do whatever we can to prevent it, including challenging such laws in federal court. ‘Capture the Flag’ provides the means for us to seek out such cases and take appropriate action.”
SAF encourages individuals residing in California, Florida, Maryland, Massachusetts, New Jersey, or Washington that have been subject to a baseless, groundless and unsubstantiated ERPO to contact the organization by sending an email to [email protected] with information regarding the circumstances surrounding the petition, order, and outcome.