In this Note, I analyze the validity of criticism against red flag laws based on procedural due process. I proceed as follows: In Part I, I discuss the background of red flag laws, the different versions passed among states, and the few constitutional challenges brought thus far. In Part II, I analyze the statutes’ validity under federal due process standards. I then specifically examine proposed Utah bills that failed to pass in previous legislative sessions. While providing recommendations, I argue that the legislation would likely pass constitutional muster. In Part III, I conclude that red flag laws are generally constitutional under a procedural due process theory but review the key characteristics that make some versions more or less constitutionally problematic.
John R. Richardson, Red Flag Laws and Procedural Due Process: Analyzing Proposed Utah Legislation, 2021 ULR 743 (2021). https://doi.org/10.26054/0d-effb-xhts