A "red flag" bill that would restrict gun sales to those considered a danger to themselves or others has gained support, GOP Florida Sen. Marco Rubio told Fox News' "Fox & Friends" on Wednesday.
Rubio, who is sponsoring the legislation with Democratic Florida Sen. Bill Nelson, said the proposal "allows somebody to go to court, either a family member, someone that lives with you, or law enforcement, present evidence to a judge - clear and convincing evidence - that this person is a danger to themselves or to others, and the judge can issue a restraining order" that would prevent the individual from buying guns and would take away ones already in his possession.
The two senators from Florida have been galvanized into action following the massacre at the state's Marjory Stoneman Douglas High School last month in which 17 people were shot dead.
The senator said he had not spoken to the National Riffle Association about the bill, but assumed that the organization would want to see strong due process protections, "and we all agree with that."
Rubio stressed that "the Second Amendment is a constitutional right and you cannot deny a constitutional right without due process."
He added that the suspension of the constitutional right would not be permanent and would have to be extended periodically.
He emphasized that "if something like that had been available in Florida you could potentially see where someone would have used that" to prevent the massacre.
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