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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