Mia Costello: Red flag laws don’t belong in Alaska

By MIA COSTELLO

Alaskan culture is deeply rooted in our independence, our values, and our deep respect for individual rights. That’s why House Bill 89, a so-called “red flag” law being considered by the Alaska Legislature, should concern every Alaskan who believes in due process, the Constitution, and limited government. 

At first glance, red flag laws sound like a well-intentioned effort to prevent gun violence. But the way it’s written, it opens the door to government overreach and abuse with almost no checks in place. This bill would allow a judge to order someone’s firearms seized without them ever being present in court, based solely on allegations. 

Imagine being stripped of your rights and your property without even knowing there was a hearing. That’s what this bill allows through “ex parte” proceedings — where only one side of the story is heard. There’s no opportunity to present your defense, no chance to present facts. Just an accusation, a court order, and a knock at your door by a police officer demanding your firearms.

Worse yet, this law could be triggered by a wide range of individuals and based on a low standard of proof — “reasonable cause.” That may sound harmless, but in the real world, it’s a vague threshold that could easily be abused in emotionally charged situations like custody battles, family disputes, or misunderstandings.

And while the bill claims to protect public safety, it fails to address the root of the problem. Confiscating firearms from someone in crisis doesn’t offer them any real help. There’s no built-in mental health support, no services provided — just a court order and a knock at the door. The real solution to helping people in crisis is care, not confiscation.

And finally, there’s the broader issue — this law violates the Second Amendment. Alaskans have a right to bear arms. That right should not be taken away without a conviction, without due process, and without meaningful safeguards. If someone is truly a danger, there are already legal tools available, such as involuntary commitment procedures or protective orders that include full hearings and legal representation.

We all want safer communities. We all want to prevent tragedy. But sacrificing the rights of innocent people in the name of public safety is a dangerous precedent — and one that doesn’t reflect Alaska’s values. 

House Bill 89 may be called a “red flag” law, but in reality, it’s a flashing warning sign — that government is reaching too far, too fast, and without respecting the rights of its citizens.

Alaska doesn’t need laws that trade liberty for the illusion of safety. We need real solutions — ones that strengthen public safety without trampling on constitutional rights. HB 89 does neither. The Legislature should reject this bill and stand firmly for the freedoms and fairness that define Alaska.

Mia Costello is the Republican minority leader in the Alaska House of Representatives.