Wednesday, April 03, 2019

Red Flags About 'Red Flag' Laws


"Red flag" laws have become all the rage these days among those who want to do something — anything — to stop "gun violence." Sometimes called Gun Violence Restraining Orders or Extreme Risk Protection Orders, these laws allow family, close friends, or coworkers to petition authorities to temporarily remove firearms from individuals they believe are a danger to themselves or others. Colorado is set to join the list of states enacting such laws.

If — and it's a big IF — due-process rights are protected, we and other conservatives have acknowledged that, in concept, the idea has some merit because of how many red flags mass murderers tend to display. As our own Robin Smith wrote last year, such orders "empower individuals closest to a potential threat to intervene rather than waiting on layers of systems that ... have failed." National Review's David French also argued last year, "The GVRO is consistent with and recognizes both the inherent right of self-defense and the inherent right of due process. It is not collective punishment. It is precisely targeted."

In other words, rather than banning entire classes of guns or infringing on the rights of all citizens, focusing attention at potentially dangerous individuals is preferable, right?

The trouble is leftists have a way of distorting reality. In practice, these laws — as even President Donald Trump foolishly insisted last year — "Take the guns first, go through due process second."

The National Rifle Association too was initially open to the concept of court orders with a high legal threshold for removal of firearms, but said of the Colorado legislation, "Unchallenged statements made by a petitioner before a judge ... would be sufficient for law enforcement to enter that person's home and confiscate their private property." Only after having their gun(s) confiscated would an individual be able to go to court and work to get them back. Think an aggrieved former lover won't be first in line to stick it to their ex?

That is not protecting due process; it's an outright attack on it, presuming guilt of someone who hasn't even been charged with a crime, and then enacting preemptive punishment. That's not the way to sensibly restrain people actually bent on doing harm.

In fact, some sheriffs are refusing to enforce such laws, adopting the "sanctuary" language of immigration law, but in this case to defend an actual constitutional right.

https://patriotpost.us/articles/62135-red-flags-about-red-flag-laws



3 comments:

Anonymous said...

A different scenario. Say someone close to you actually knows you very well and knows how you will react. That person wants you disarmed so they can have you easily killed, or maybe plans to kill you themselves. If they accomplish murder by cop or you are assonated maybe they collect on your life insurance. Live life as safely as you can and defend yourself when you have to. I'm a disable vet3eran weapons expert. SGLI insurance is not enough to burry you But 500,000 dollars of life insurance is a nice pay off if you get away with letting the cops kill me. Charlton Heston's famous words, they will have to take it out of my cold dead hands.

Anonymous said...

It's a "Pre-Crime Law".
Like Minority Report (the movie), the government wants to punish you for something you might do ... but haven't yet.
You get punished for not yet committing a crime.

Crazy logic at work

Anonymous said...

IF these RED FLAG laws are to be truly effective they must also result in the confiscation of automobiles and other devices that can be used to put the lives of others in harms way. IF RED FLAG advocates are not willing to insist on confiscating these other potential weapons they are not really interested in safety, they are simply exploiting another bogus excuse for violating the Second Amendment.