Elderly Gun Ownership and the Wave of State Red Flag Laws: An Unintended Consequence That Could Help Many

16 Pages Posted: 7 Nov 2018 Last revised: 17 Apr 2019

See all articles by Tara Sklar

Tara Sklar

University of Arizona - James E. Rogers College of Law

Date Written: April 15, 2019

Abstract

There is rising concern among health professionals and in legal circles to address gun ownership for older adults who display signs of cognitive decline, including dementia. However, elderly gun ownership remains underexamined, partly because incidents of gun violence among the elderly tend to occur in domestic settings and are much less visible than shootings in public areas. In contrast, there is widespread attention to curb mass gun violence through state legislation. Specifically, red flag laws, also known as Extreme Risk Protection Orders, have doubled in 2018 with thirteen states enacting red flag laws and over thirty states having introduced or planning to introduce this legislation. Although red flag laws were not intended to address elderly gun ownership, they uniquely apply where other gun control laws fall short, as red flag laws provide the legal process to temporarily remove access to guns for persons believed to be at an elevated risk of harming themselves or others.

This Article surveys the thirteen states that have enacted red flag laws and analyzes key legislative elements across these states. The state laws have notable variations, including authorized persons who can petition a court for a protection order, standard of proof requirements, and the length of time an order is in effect. These variations have implications for elderly gun owners and their families, particularly in how they relate to the climbing rates of cognitive decline, suicide in late life, and elder abuse. The current wave of red flag laws across the country offer an opportunity to provide greater awareness around elderly gun ownership and prevent crises from becoming tragedies.

Keywords: elder law, public safety, dementia and guns, aging, violence

Suggested Citation

Sklar, Tara, Elderly Gun Ownership and the Wave of State Red Flag Laws: An Unintended Consequence That Could Help Many (April 15, 2019). ___ Elder Law Journal ___ (2019, Forthcoming); Arizona Legal Studies Discussion Paper No. 18-33. Available at SSRN: https://ssrn.com/abstract=3279718

Tara Sklar (Contact Author)

University of Arizona - James E. Rogers College of Law ( email )

P.O. Box 210176
Tucson, AZ 85721-0176
United States

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