Garland DOJ Using BSCA Federal Funds to ‘Strong-Arm’ States Into Enacting Red Flag Laws

Fox News

Republicans and gun rights activists say the Biden administration unlawfully handed out federal funds to states that did not qualify under a program intended to promote so-called “red flag” laws.

In 2022, Congress passed, and President Biden signed, the Bipartisan Safer Communities Act in response to mass shootings in Buffalo, New York, and Uvalde, Texas, that left dozens dead. The law incentivizes states to pass extreme risk protection laws, also called “red flag” laws, that allow members of the public and law enforcement to petition courts for a civil order to temporarily suspend a person’s access to firearms for fear that person might do violence. After gun rights advocates raised Second Amendment concerns, Congress included requirements that states applying for federal grants to implement red flag laws include certain due process protections.

But Sen. Roger Marshall, R-Kan., and Rep. Alex Mooney, R-W.Va., say in a letter to Attorney General Merrick Garland that the Justice Department has handed federal funds to states that did not meet the minimum due process criteria. The letter accuses the Biden administration of ignoring Congress and demands to know why grants to at least eight states and territories with no red flag laws on the books nevertheless received federal funds under the DOJ program. The letter was signed by seven GOP senators and 26 House lawmakers.

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