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AG Kaul suggests Colorado model for “red flag” law

MADISON (WKOW) — As anger and frustration grows following two mass shootings, Attorney General Josh Kaul said he prefers to pass red flag laws that are similar to Colorado’s model.

Colorado’s law will go into effect January 1, which allows a family member, roommate, or law enforcement to ask a judge to temporarily take away someone’s gun. The judge would then hold a hearing, where the gun owner does not need to be present, whether to grant the request. A judge would have up to 14 days to make a decision and all parties involved would have to be present to determine if a firearm would be removed, which could last up to a year. Colorado allows a gun owner to testify to get their firearm back. 

Kaul said this model is a good start and doesn’t believe it infringes on someone’s second amendment rights because people could get their firearms back.

“If they’re allowed to have a gun, you’d want to have a process in place so they can petition and so we’re making sure that we do this in a way that’s both protective of Second Amendment rights,” said Kaul.

The attorney general added a vast majority of firearm owners are law-abiding citizens. Passing a proposal similar to Colorado’s faces opposition from Republican leadership. Assembly Speaker Robin Vos said he’s open to address mental health but doesn’t want to take guns away from people who can lawfully own them.

Kaul has advocated for red flag laws since January but to date, no legislation has been drafted by his office or Democrats. He said he’s holding out to find the best way to propose a bill that could gain bipartisan support.

You can watch the full interview with Kaul on Capital City Sunday at 9 a.m. on WKOW.

Emilee Fannon

Capital Bureau Chief

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