Attention turns to red flag laws following shooting in Buffalo, New York that left 10 dead
CHICAGO (CBS) -- As investigators continue to look into the background of the suspected Buffalo shooter, attention turns to a law that New York and Illinois both have on the books.
If a loved one is showing signs of threatening or unsafe behavior -- and they have access to a firearm -- you can have it legally confiscated.
Both states have so-called red flag laws. CBS 2's Chris Tye takes a look at how it's being used in Illinois.
As part of a high school project on future plans last June -- the suspected Buffalo gunman said he wanted to commit a murder-suicide.
He was given a mental health evaluation -- but New York State police, nor his family, ever sought a red flag order against him.
"There does have to be adequate evidence and is one threat enough? It really depends."
Allison Anderman of the Giffords Law Center to Prevent Gun Violence isn't sure the Buffalo suspect should have been flagged.
Illinois' Firearms Restraining Order Act -- or red flag law -- went into effect in 2019.
Family members can get a court order to temporarily remove firearms from those displaying threatening or unsafe behavior. A judge can suspend a FOID card and remove guns for up to six months.
CBS 2 dug into how often this is actually happening in Illinois.
Over the last two years:
· 115 firearm restraining orders have been issued by Illinois judges.
· 18 times in Cook County.
· 72 times in DuPage County.
DuPage alone makes up 62 percent of all firearm restraining orders statewide.
What's going on inside the 18th Circuit Court in the western suburbs?
We reached out to the chief judge's office in Wheaton -- but didn't hear back. But regional spikes like this aren't uncommon -- Anderman says it's usually attributable to an advocate of the law somewhere in the courthouse.
"District attorneys and city attorneys do not know enough about these laws and how to utilize them. These orders are not sought when they should be," Anderman said.
Indiana also has a red flag law. If you feel the need to intervene with a family member -- the first step is to go to the Circuit Court in the area where the firearm holder lives and ask to file what's called a Firearm Restraining Order. A judge then takes it from there.
In total, 19 states have red flag laws on the books.
