Gov. Tony Evers announces red-flag bill, says he’s open to mandatory gun buybacks

January 20, 2020 in News, Video by RBN Staff

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MADISON – Gov. Tony Evers rolled out red-flag legislation Thursday and said he would consider requiring gun owners to sell off some of their weapons.

Republicans who control the Legislature immediately rejected both ideas, much as they resisted an earlier proposal from Evers for expanded background checks. The red-flag legislation Evers touted Thursday would allow judges to take guns away from people who are deemed to be a danger.

“Each and every day officials choose cowardice over common sense,” Evers said at a Capitol news conference. “That choice has significant consequences. The consequences of inaction are too high, folks.”

Responding to a question at the news conference, Evers said he was open to a proposal by Democratic presidential candidate Beto O’Rourke that would require people to sell their military-style weapons. But Evers said he was putting his attention on expanded background checks and red-flag legislation — ideas that polling has shown are overwhelmingly popular with the public.

“I’d consider (mandatory gun buybacks), but my focus is on these two bills and on the two offices that would be able to prevent it from going to hearing and to a vote,” Evers said, referring to the Legislature’s GOP leaders.

Assembly Speaker Robin Vos of Rochester and Senate Majority Leader Scott Fitzgerald of Juneau have rejected Evers’ past ideas on guns.

In a joint statement Thursday, they said his red-flag legislation “poses threats to due process and the Second Amendment rights of law-abiding citizens.” Similar laws have been upheld by courts in Indiana and Connecticut.

Vos and Fitzgerald called mandatory gun buybacks unacceptable.

“With Governor Evers considering confiscating firearms from law-abiding citizens, it shows just how radical Democrats have become,” they said in their statement.

Evers spokeswoman Melissa Baldauff emphasized that Evers had not put forward his own plan on gun buybacks. Evers “will consider any other option that will improve safety once we get these two bills passed,” Baldauff said, referring to the red-flag and universal background legislation.

Lt. Gov. Mandela Barnes in an interview said Republican lawmakers are misrepresenting Evers’ position on mandatory buybacks.

“It’s not about taking anybody guns,” Barnes said. “The question was about assault weapons. Weapons of war have no place on the street.”

He said the GOP lawmakers should address the actual proposals introduced instead of framing the issue about what’s not in the proposed legislation.

Evers said he would try to put pressure on rank-and-file Republicans soon by calling a special session on his plans if Vos and Fitzgerald did not act on their own. But even if he does that, Republicans can easily avoid taking up his proposals.

Vos and Fitzgerald said they hoped to develop ideas addressing gun violence that both parties could get behind by focusing on mental health and suicide prevention. They did not offer specific plans but noted a task force is meeting on suicide prevention.

The red-flag legislation is sponsored by Democratic Sen. Lena Taylor of Milwaukee and Democratic Rep. Melissa Sargent of Madison and is modeled on existing laws that allow firearms to be taken from people suspected of domestic violence.

The legislation would allow police officers, family members and household members to ask a court to take someone’s guns. If a judge determined there were reasonable grounds to believe the person was a danger, his or her guns would be temporarily taken away and a hearing would be scheduled on the issue within two weeks.

At the hearing, the judge would determine whether the guns should be returned or kept away from the person.

The legislation is similar to a 2014 law signed by GOP Gov. Scott Walker that allows judges to seize guns in cases involving people who are at risk of abuse, neglect or financial exploitation.

Vos and all other Republicans in the Assembly voted for the 2014 measure and Fitzgerald did not try to block it when it went before the Senate on a voice vote. Vos and Fitzgerald did not immediately say Thursday why they let the 2014 law go into effect but believed Evers’ legislation violated due process rights.

Fitzgerald, who this week launched a bid for Congress, last month said he was open to expanding who could have guns taken from them when they are considered dangerous. But he joined Vos in quickly shutting the door on Evers’ red-flag proposal.

At Thursday’s news conference, Democratic Attorney General Josh Kaul noted some prominent Republicans, including U.S. Sens. Lindsey Graham of South Carolina and Marco Rubio of Florida, back red-flag legislation.

“This is not a partisan issue anywhere other than the Legislature of Wisconsin,” Kaul said.

Marquette University Law School poll this month found 81% of registered voters supported red-flag legislation. The same poll showed 80% backed universal background checks.

Democrats in Wisconsin and around the country have put a renewed focus on firearms legislation after gunmen killed 31 people in less than 24 hours last month in shootings in Ohio and Texas.

During his campaign for governor, Evers called for universal background checks and barring people on the federal government’s no-fly list from buying guns. He also said he supported reinstating a 48-hour waiting period to buy handguns that Republicans ended in 2015.

After the shootings in El Paso and Dayton, Evers and other Democrats put together Assembly Bill 431, which would require background checks for the sale or transfer of guns unless the weapons were sold or transferred to firearms dealers, law enforcement or military units. Background checks would not be required when firearms were given as gifts between family members.

Every Democratic lawmaker has signed onto the legislation. No Republicans have.

Federal law requires background checks for sales made by firearms dealers but not for private sales.

Wisconsin Republicans in 2018 approved $100 million for safety upgrades at schools in response to the shooting that left 17 students and staff members dead at a high school in Parkland, Florida.

Molly Beck of the Milwaukee Journal Sentinel contributed to this report.