Red Flag Laws: They’re Unconstitutional, They Don’t Work, And They Will Be Abused

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As you know, “Red Flag Laws” have been in the news a lot lately, and that’s no surprise because they fit into the warped thinking of anti-gunners as a way to prevent gun violence.

But there are three problems with red flag laws: They’re unconstitutional, they won’t work, and they will be abused.

Now, if you have the time, it’s worth taking twenty minutes to watch the video below to go over this issue with Congressman Thomas Massie, Dr. John Lott, and Sheriff Steve Reams.

Now, to go beyond some of the things discussed in the above video, one of the fundamental problems with red flag laws is that they assume that due process is being provided, but it’s not. Jacob Sullum writes about this:

When President Donald Trump endorsed “red flag” laws on Monday, he described them as providing “rapid due process” to people accused of posing a threat to themselves or others before suspending their Second Amendment rights. Sen. Lindsey Graham (R–S.C.), who plans to introduce a bill aimed at encouraging more states to enact such laws, says they should provide “robust due process.” But as I note in my column today, due process is neither rapid nor robust under most existing red flag laws, which 17 states and the District of Columbia have enacted. There is little reason to think the situation will improve as more states rush to do something about mass shootings.

Testifying before the Senate Judiciary Committee last March, David Kopel, a gun policy expert at the Independence Institute in Denver, emphasized the importance of procedural safeguards aimed at protecting the constitutional rights of respondents in gun confiscation cases. Kopel’s recommendations include requiring that petitions be submitted only by law enforcement agencies after an independent investigation, allowing ex parte orders (which are issued without an adversarial process) only for good cause, limiting them to one week, limiting subsequent orders to six months, requiring clear and convincing evidence, providing counsel to respondents, giving them a right to cross-examine witnesses, letting them sue people who file false and malicious petitions, and giving them advance notice of confiscation orders. 

The problem with red flags laws pretty much across the board is that they don’t provide any of the safeguards that David Koppel suggested. In fact anyone can make the call to have your guns taken from you without any real evidence provided and no punishment to them for lying about you being a threat. And that’s aside from the lack of any due process and the headache that you have to go to to get your guns back because you are presumed guilty into you prove your innocence.

You’d think that we live in Stalinist Russia in which you don’t know which of your neighbors are government informants.

It’s clear to anyone who has taken even a few moments to think about it that red flag laws are unconstitutional, don’t work, and will be abused. And maybe it’s that last one that anti-gun zealots are hoping for.

18 COMMENTS

  1. The exact points I made when I emailed Senators Scott and Rubio. Senator Scott replied with ambiguity and I received no response from Senator Rubio. I also sent emails to Judge Jeanine and other news personalities and haven’t received replies from them. I also pointed out that we already have back ground checks and that extending it would infringe/intrude on our privacy rights. Look what was done with the F.I.S.A court. I also suggested that they look into a possible modification in H.I.P.P.A that would allow for some information to be garnered without violating a patients rights. Not all mental health issues are the same. Because a person takes certain medications doesn’t make them dangerous. Unfortunately all issues are lumped together and not seperated.

  2. Passing laws like this by the demented liberal socialist left DEMO-RATS and support by the demented RINOS will lead to a civil war which is just what the DICTATOR ELITES want. That is the liberal socialist demo-rat party.

    • You don’t see any violations of the Constitution? You don’t consider confiscating guns from law abiding American citizens without cause & due process NOT a violation of the Constitution? Then you must either be very naive or very confused because it IS a violation of the Constitution.

  3. Well today in Ohio they just inked the red flag deal. Guess who I will NOT be voting for when Mr. Peabody and Sherman (Gov. DeWine and AG Husted) want to retain their jobs.

  4. I will not vote for our president again if he does not reverse his support for additional gun control including suppressors. I would rather a democrat I know is an enemy than a benedict Arnold. We gun owners need to be ready to have the kind of protests the yellow vests are having in France. We need to be ready to have work stoppages and strikes. We need to insist that all levels of law enforcement in this country are held the same gun laws as all other citizens. Law enforcement officers should not get special rights.

  5. The problem is not guns, its the big pharmaceutical companies. They make these mind altering (high priced) drugs and have these physiological doctors prescribe them to every kid and young adults who is 5 points or more off center. Big pharma gives a lot of money to the DNC so there is never any thing said about what medication these shooters are/were on. They want only gun ban.
    The kids who shot up Columbine high school in Colorado were prescribed mind altering medication, when first came on the market. The Aurora Colorado movie theater shooter was on same type of drugs, and the Sandy hook sicko shooter was another with the mind altering medication. If authorities, who are not on big pharma’s pay roll, would look into what type of mind altering drugs all of the shooters are/were on, just maybe these very expensive mind altering drugs would be taken off the market and the natural herbal medications for the off center people would be prescribed. Shooter problem solved.
    Its a far chance any of this would see light , for the demonratic party and Hillary are in cahoots with Big Pharma.

    • All these shootings have been on the psycho legal drugs, with the exception of 2 of the shootings, yes your right on Wedgwood. Interesting in the “communist rules for revolution ” it does mention using mental illness as a way to disarm the people leaving them unarmed !

    • I also sent the same stats to my Federal Congressman and two Senators . Also my State Congressman and State Senator . It’s funny but I have NOT heard back from any of them ! ! !

    • I also e-mailed the same facts to both my Federal Senators and Federal Congressman , My State Senator and State Congressman . I am waiting to hear back from all of them and if nobody gets back to me by early next week , I will call them and ask Why they haven’t responded !

  6. The RED FLAG laws that are being pushed are ripe for abuse, I’ve been telling everyone about how these RED FLAG laws will be abused by disgruntled neighbors, friends, family, total strangers,doctors police you name it to have your guns taken away just like that without due process. I’ts going to get a lot worse when ANTI-GUNNERS learn that all they have to do in order to get someones guns taken away is make a phone call and claim you’re a danger to your self or others whether you are or not. This is a total nightmare unconstitutional and illegal. If we as law abiding gun owners don’t come together now before it’s to late and organize a massive march on the capitol to protest these these illegal presumptuous RED FLAG laws we’ll all eventually get our guns taken away one by one because someone who doesn’t like guns knew all they had to do to get your guns taken away is point at you or make a phone and lie claiming you made a threat or are a danger to your self or others. This is just a start folks, these RED FLAG laws will lead to a lot of blood shed on both sides, the police trying to take guns and law abiding citizens being killed because they refused to give up their legally owned guns knowing they never broke any laws or hurt anyone and would be left defenseless and never a threat to anyone.

  7. Thomas Jefferson once said, FREE MEN DO NOT ASK PREMISSION TO BEAR ARMS. Time for all of us to listen and that includes the Democrats.

  8. Wedgwood , I sent the same facts to both my Federal Senators and Congressman , my State Senator and State Congressman also . Funny but I have NOT heard back from any of them ! HMMM , I wonder why .

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