Guns

PROPOSED / DRAFT — FIREARM RIGHTS, MENTAL-HEALTH ORDERS & DUE PROCESS

Ex parte “red flag” laws that remove firearm rights without prior notice, an opportunity to appear, meaningful evidence, and judicial due process should be prohibited. Constitutional rights should not be taken merely because someone makes an accusation or prediction.

A court may impose a temporary firearm restriction when a person is proven, through a lawful mental-health or dangerousness proceeding, to present a serious and specific risk of violence to self or others. Except for a narrowly defined emergency involving imminent danger, the person must receive notice, access to the evidence, the right to attend and be heard, representation, the opportunity to present evidence and challenge witnesses, and a written judicial decision based on a demanding burden of proof.

Any emergency order issued before a full hearing must be short, supported by sworn particularized facts, and followed by a prompt adversarial hearing. Restrictions must be individualized, no broader or longer than necessary, and may not become permanent by default.

The affected person has the right to appeal, seek restoration, and receive automatic periodic review after a defined period. Government bears the burden of proving that continued restriction remains necessary. Records and surrendered property must be handled securely, and firearms must be promptly returned when an order expires or is reversed.

STRONG SELF-DEFENSE RIGHTS

The right to protect yourself and others is fundamental.

MPA supports strong laws protecting legitimate:

  • Self-defense

  • Defense of family

  • Defense of others

  • Defense within the home

  • Castle Doctrine

  • Stand Your Ground protections where force is otherwise lawful

No person should be legally required to surrender themselves to an attacker when they are somewhere they have a lawful right to be and reasonably face imminent unlawful force.

Self-defense law should distinguish the aggressor from the person forced to defend themselves.

SECOND AMENDMENT

The Second Amendment protects an individual right.

Law-abiding Americans should retain the right to lawfully acquire, possess, carry, maintain, and use firearms.

MPA opposes general registries of lawful firearms, ammunition, and firearm components.

Violent criminals and people who unlawfully use firearms should face serious consequences.

Permanent deprivation of constitutional rights should require meaningful due process.

Punish criminal conduct. Do not criminalize peaceful ownership.

WHY THIS MATTERS

The Second Amendment protects an individual right, and public safety requires focused enforcement against violence rather than broad punishment of peaceful ownership. Restrictions must be tied to proven dangerous conduct and meaningful due process.

WHAT MPA WILL DO

  • Improve the accuracy and timeliness of records lawfully submitted to the existing background-check system, with rapid correction and appeal for erroneous denials.

  • Prioritize prosecution of violent firearm crimes, prohibited-person possession supported by admissible evidence, straw purchasing, trafficking, theft, and deliberate falsification of required purchase records.

  • Provide prompt hearings, appointed counsel where liberty interests require it, written findings, automatic review, and safe return procedures for any court-ordered temporary restriction.

  • Protect lawful ownership, carry, maintenance, training, inheritance, repair, and transfer subject to constitutional law.

  • Fund evidence-based suicide prevention, crisis care, safe-storage education, and voluntary temporary storage options without creating a general registry.

  • Require government firearm-loss and theft reporting and secure evidence handling.

WHAT MPA WILL MEASURE

Homicides, suicides, accidental shootings, violent firearm offenses, trafficking cases, background-check error and appeal times, court-order duration and reversal rates, stolen government firearms, and enforcement focused on violent conduct rather than technical mistakes by otherwise lawful owners.

Related policies: Self-Defense & Defense of Home; Search Warrants, Raids & Home Entry; Law Enforcement; Mental Health & Psychiatric Care.

Status: Proposed / Draft — not yet formally adopted.

Originally published: August 15, 2026.

Last updated: September 25, 2026.

Version: Draft 0.5.

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