Overview: This table compares Floyd’s Act (with conforming amendments) against typical state red‑flag laws and the current federal framework (Gun Control Act, National Firearms Act, and Bipartisan Safer Communities Act). It highlights process, proof standards, transparency, and enforcement.
| Feature | Second Amendment Due Process Act | State Red‑Flag Laws (ERPOs) | Current Federal Framework (GCA/NFA/BSCA) |
|---|---|---|---|
| Process | Mandatory hearing within 14 days; restriction void if no hearing. | Ex parte orders often last 14–30+ days before a hearing; some states allow family/partners to petition without notice to respondent[4][5]. | Restrictions automatic for prohibited categories (felons, DV convictions, etc.); no uniform hearing requirement[1]. |
| Burden of proof | Government must prove by clear and convincing evidence. | Often “preponderance of evidence” (lower standard); vague definitions of “danger”[5][6]. | No explicit proof standard for restrictions; based on statutory categories. |
| Emergency action | Allowed for 14 days max with sworn affidavit of imminent harm. | Ex parte orders may last weeks; respondents often unaware until guns seized[4][5]. | No federal “red flag” authority; emergency seizures only via criminal process. |
| Transparency | Public registry of orders (redacted) + DOJ quarterly reporting. | Limited or no public reporting; opaque to citizens[5]. | No public registry of firearm restrictions; NICS denials not transparent[1]. |
| Enforcement | Restrictions void if due process skipped; private right of action; attorney’s fees. | Enforcement varies; some penalties for false petitions, but weak remedies for respondents[4][6]. | Enforced by ATF/DOJ; no private right of action for wrongful denial. |
| Integration | Explicitly amends GCA & NFA; preempts weaker state laws. | State‑by‑state patchwork; no federal floor. | Federal baseline only; states free to add restrictions. |
Why yours goes further: Unlike red‑flag laws, my Act guarantees fast hearings, higher proof standards, and full transparency. Unlike the current federal framework, it rewires the GCA and NFA to require due process everywhere, closing the loopholes and setting a national floor.
Sources:
LawShun: Red Flag Laws & Due Process [4];
Stateline: Red Flag Laws Spur Debate [5];
Duke Firearms Law Center [6];
CRS: U.S. Gun Policy Framework [1]