Raising the Red Flag

Examining the Constitutionality of Extreme Risk Laws

This Note examines the constitutionality of extreme risk protection orders, specifically, their burden on the Second Amendment right to keep and bear firearms. Part I explores the current demand for greater government intervention in light of the increase in mass shootings in the United States. Part II examines the evolution of the Second Amendment since the Founding and provides an overview of the current extreme risk petition process. Part III analyzes the constitutionality of enforcing extreme risk protection orders against law-abiding citizens. Finally, Part IV recommends future legislative safeguards that balance the fundamental interests of possessing firearms and promoting public safety.

a. J.D. 2021, University of Illinois College of Law; B.A., University of Notre Dame. This Note is dedicated to my parents and brothers, Chris and Ryan, for their endless love and support. Many thanks to Professor Andrew Leipold for his guidance on this topic. Finally, thank you to the members and staff of the University of Illinois Law Review for all of their assistance.

The full text of this Note is available to download as a PDF.