Tuesday, August 13, 2019

The Fallacy of Red Flag Laws

 
 
 
Democrats are using the shootings in El Paso and Dayton to call for more gun control. Regrettably, Republican leaders are joining the call. From President Trump, to U.S. Senate Judiciary Chairman, Lindsey Graham (R-S.C.) to U.S. Senator Pat Toomey (R-Pa.), Republican leaders are calling for the enactment of so-called “Red Flag” laws. Sadly, our political leaders are quick to give up our constitutional rights just to look like they're doing something to prevent the next mass shooting. Yet, even with more gun control, the shootings will continue; but our constitutional rights will be gone.

In response to the latest shootings, the president declared, “We must make sure that those judged to pose a grave risk to public safety do not have access to firearms and that if they do, those firearms can be taken through rapid due process. That is why I have called for red flag laws...” Although these laws may be well-intentioned, they’ll be disastrous to our rights, subject to abuse, and ineffective in addressing the real problem.

Nevertheless, State Sen. Tom Killion and State Rep. Todd Stephens, both Republicans, have proposed our own Red Flag law. Through this bill, a law enforcement officer or “family or household member” can petition the court, without your knowledge, claiming you present an extreme risk of harm to yourself or others. The judge will review the petition, again, without your knowledge or involvement, and if he finds that you’re an extreme risk, he’ll issue an Interim Extreme Risk Order compelling you to relinquish your firearms and prohibiting you from possessing same.

(By the way, you can rest uneasy because the definition of “family or household members” includes your ex-wives, ex-girlfriends and your mother-in-law! Any chance this bill, like its sister-law, the Protection From Abuse Act, will be abused in divorce, custody, or property dispute cases?)

Once the order is issued, and still without notice to you, the sheriff will arrive at your door and “request” that you immediately relinquish your firearms. (Actually, the law gives you 24 hours to relinquish, otherwise you’ll be charged with a crime and hauled off to jail). Either way, it’s a recipe for disaster. In Maryland, a man was recently shot and killed by law enforcement officers who attempted to confiscate his firearms via an extreme risk order. Only when the sheriff arrives are you notified of what already happened to you in court. The entire process involved in the Interim Extreme Risk Protection Order violates your right to due process and several other constitutional rights.   

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