Two authors address the only pertinent questions about "red flag" laws, by which the states indicated below enable the government to remove firearms, forcefully if necessary, from the possession by their owners.
First up, John Yoo, law professor at UC-Berkeley and Deputy Assistant U.S. Attorney General in the Office of Legal Counsel of the Department of Justice, during the George W. Bush administration, "
A Universal-Background-Check Law Would Not Violate the Second Amendment."
In Yoo's opinion, there is only the question, "Do red flag laws actually work?" That question he does not address, but the
Crime Prevention Research Center does:
Red flag laws had no significant effect on murder, suicide, the number of people killed in mass public shootings, robbery, aggravated assault, or burglary. There is some evidence that rape rates rise. These laws apparently do not save lives.
As someone else pointed out, there is no discernible difference in suicide or homicide rates of the states with red flag laws, before and after.
Last November, Maryland police officers shot to death a man whose firearms they came to confiscate under a "red flag" order. They killed a man who had committed no crime, was not a suspect and was literally in his home at the time, minding his own business. He did not want police to take his guns. So they shot him dead.
But they did successfully execute the court order, so they had that going for them. Welcome to The Democratic People's Republic of America.
Update: USA Today - Kafkaesque 'red flag laws' strip gun owners of their constitutional rights
After a fixed period of time — say, 21 days — the gun owner can ask for a court hearing to restore his or her constitutional rights. But guess what? Few gun owners have the sophistication or the thousands of dollars it would take to hire a lawyer and expert witnesses. And few courts are willing to second-guess themselves and reverse the Gun Confiscation Order which has been issued.
In fact, hundreds of thousands of veterans have lost their gun rights without due process pursuant to a comparable procedure. And recent revelations from the VA suggest that fewer than 50 have successfully invoked this "process" to get their rights back.
But there's a larger issue: If the Constitution can be suspended in a secret hearing, where does this lead?
What if this newspaper could be shut down for 21 days without due process — based on a secret complaint? Or an individual could be arrested or imprisoned for 21 days? Or tortured?
Far from being a "consensus proposal," the suspension of the Constitution in a secret hearing is a constitutional Rubicon from which there is no return.
"No return" is the whole point.
Also,
7 Reasons to Oppose Red Flag Guns Laws; I will excerpt only the seven reasons, read the article for the explanations.
1. There’s No Evidence Red Flag Laws Reduce Gun Violence
2. Congress Lacks the Authority
3. We Have Federalism
5. Red Flag Laws Could Lead to More Violence
6. It’s Not Just the “Mentally Ill” and Grave Threats Who Are Flagged -- one is so severe that even the ACLU has protested red flag laws
7. They’re Basically Pre-Crime
Here is how the Left would respond to each of the seven reasons, if the Left was ever to be honest:
1. There’s No Evidence Red Flag Laws Reduce Gun Violence.
Does not matter: it reduces the number of guns in private ownership and that is the real point.
2. Congress Lacks the Authority.
Congress can regulate anything it wants to for any reason it wants to. Save the tired argument about "delegated powers" because frankly, we do not care.
3. We Have Federalism.
Federalism is valid only when it can be used to buttress Leftist objectives, such as sanctuary cities for undocumented immigrants, Federalism is an outdated, abrogated concept of government when conservatives use it.
5. Red Flag Laws Could Lead to More Violence.
No, it won't. One-off events like described here cannot be used to set public policy, especially when the policy concerned is one Leftists want.
6. It’s Not Just the “Mentally Ill” and Grave Threats Who Are Flagged (this one is so severe that even the
ACLU has protested red flag laws -- DS.)
It does not matter because RFLs take guns away from private ownership. The broader the scope the better.
7. They’re Basically Pre-Crime.
So what? Yes, we will take guns away, by force if necessary, from people who might, maybe, possibly commit gun violence against themselves or others. Or might not. But "if it saves one life," et cetera. And again, a foundational premise of Leftism in America today is that no private citizen should own a firearm without very strict regulations by the federal government, and really, not even then.
Update: I see I left out No. 6. Which actually works out amazingly well and here is why, just breaking today:
6. It’s Not Just the “Mentally Ill” and Grave Threats Who Are Flagged.
A University of Central Florida student, for example, was hauled into proceedings and received a year-long RPO (risk protection order) for saying “stupid” things on Reddit following a mass shooting, even though the student had no criminal history and didn’t own a firearm.
But it will go way beyond that kind of thing. This week, CNN anchor Chris Cuomo was captured on video going bats in a profanity-filled, shouting rant against a man who called him, "Fredo" in a restaurant. Yes, that's right. Fredo, which Cuomo said was just as bad to call an Italian-American as "N-word" would be to call a black American. "
Sure Chris, a weak insult based on a 47-year-old movie is totally the same as what black people in America go through. You are so down with the struggle."
But the real threat inherent in RFL? Like
everything else today, they will almost immediately become politicized and used against political opponents. After all, when to oppose Democrats on any issue is to prove yourself a Nazi, why on earth would you let a Nazi retain the right to buy or possess a gun?
Who better to illustrate this point than everyone's favorite tweeter,
President Donald Trump?
The argument against red-flag laws is that they’ll be abused to justify confiscating weapons on flimsy pretexts from people who aren’t dangerous to others. Now here’s the president validating that concern before Lindsey Graham’s bill has even received a vote in Congress. Are you worried that the government might exploit the new legal regime to punish its political and media enemies who own guns? Well, per Trump, apparently you should be.
So how would a honest Leftist respond to such an objection? Well:
Using Red Flag Laws to save lives is actually secondary to their primary purpose of enabling the government to skirt due process to take guns away from private citizens. If RFLs aree sometimes used to disarm political opponents, then that is desirable only as long those subjected are opponents of the Left. When we use RFLs to disarm our opponents, for any reason, then it is justice. When used to disarm us, it is an outrage that calls for resistance to such an abuse of power.
Update: Law professor and practicing attorney Donald Kilmer writes that
problems with gun-grabbing ‘red flag’ laws are even worse than you think - worse, that is, for the poor schmuck who is the subject of the order.