South Dakota’s Legislature will join the national debate on gun control when they review a red flag bill this session.

would provide a risk protection order allowing police to seize firearms and ammunition from a person who has a “high probability” of injuring him- or herself, or others.

According to the draft of the bill, a law enforcement officer would have to petition the circuit court of the county the “flagged” person lives in. A hearing must be held within seven days.

The court would take under consideration pending lawsuits, complaints, protection orders, abuse cases; as well as drug and alcohol use. If approved, besides seizing weapons the court would require the person to undergo a mental health evaluation.

Family members and any known third party who could be at risk of violence by the person would be notified.

A risk protection order could last up to 12 months and in extreme cases, be extended. However, the person has the right for a hearing to vacate that order.

This law only allows law enforcement to petition the court for a risk protection order.