Here is the response I received from the NRA. . As a life long supporter of the 2ndA, we can sometimes forget there actually are troubled people who need help and definitely should not have access to firearms. I see nothing the NRA is supporting in their version of EPROs that I would not support my self.
Thank you for contacting the NRA-ILA regarding S.7, sponsored by Sen. Marco Rubio (R-FL), and other emergency risk protection order (ERPO)/red flag legislation.
Not only does NRA oppose Senator Rubios bill, but we have not supported ANY of the 14 red flag bills that have been enacted into law. Contrary to some claims, we have always demanded that any such legislation include strong criminal penalties for those who bring false or frivolous charges.
Our opposition to all these legislative proposals is steeped in our steadfast commitment to protecting the due process rights of law-abiding Americans; something that these bills to date have failed to do. In keeping with our commitment to upholding the constitutional due process rights of all Americans, NRA will continue to strongly oppose any proposal that does not fully protect these rights.
Unfortunately, the NRAs position on ERPOs has been mischaracterized by some who have not taken the time to understand our position, including the anti-gun mainstream media and organizations that claim to support the Second Amendment. Many of the individuals mischaracterizing our position are using misinformation to simply attack the NRA.
A simple search of the NRA-ILA website (
https://www.nraila.org/get-the-facts/eme...ers-erpos/) provides clarity on our position.
The requirements of an ERPO process that the NRA could support should include the following:
The process should include criminal penalties for those who bring false or frivolous charges.
An order should only be granted when a judge makes the determination, by clear and convincing evidence, that the person poses a significant risk of danger to themselves or others.
The process should require the judge to make a determination of whether the person meets the state standard for involuntary commitment. Where the standard for involuntary commitment is met, this should be the course of action taken.
If an ERPO is granted, the person should receive community-based mental health treatment as a condition of the ERPO.
Any ex parte proceeding should include admitting the individual for treatment.
A persons Second Amendment rights should only be temporarily deprived after a hearing before a judge, in which the person has notice of the hearing and is given an opportunity to offer evidence on his or her behalf.
There should be a mechanism in place for the return of firearms upon termination of an ERPO, when a person is ordered to relinquish their firearms as a condition of the order.
The ERPO process should allow an individual to challenge or terminate the order, with full due process protections in place.
The process should allow firearms to be retained by law-abiding third parties, local law enforcement, or a federally licensed firearms dealer when an individual is ordered to relinquish such firearms as a condition of the ERPO. The individual must also have the ability to sell his or her firearms in a reasonable time without violating the order.