Thought on gun violence part 2, red flag

One of the proposed solutions to gun violence are "extreme risk protection" aka "gun violence restraining order" aka "red flag" laws. Sounds good on the surface. If you see your neighbor or anyone whom you think is a risk to themselves or others you can have the court take away their firearms and put them on a list to be barred from purchasing more. Who would be against that? Let's look at what such laws actually change.

Currently, if you see someone who is acting in a way you think puts themselves or another person at risk you call 9-1-1. The police arrive as quickly as they can and assess the situation. If they determine that the individual is a danger they can seize any weapons involved, arrest or detain him or her, and start proceedings to have the person declared mentally unfit or begin criminal proceedings.

Under the red flag laws, if you see someone who is acting in a way you think puts themselves or another person at risk you file a motion with the court. A hearing is scheduled, where you present your evidence and if a judge feels the person is a danger, the police are issued a warrant to forcefully enter the person's home, fully armed, and force them to turn over firearms.

Do you see the problems?

• The person has several weeks in which to do themselves or others harm, while the wheels of "justice" turn.
• The police, the person involved, and their neighbors are all put at risk by the "no knock" warrant.
• The person loses their firearms, but they are free to kill themselves by another method (likewise for the criminal). The order doesn't address the problem, merely the gun.
• Presumably, the standard of evidence is lower for this than for police intervention. This creates a process which denies the person due process. They cannot present their side of things or defend themselves.
• The police typically don't have the proper environment to store guns without damage to personal property.

I'm sure a lawyer could think of more problems with it, but that's my take. The process, by focusing merely on guns, does nothing to stop the person from doing harm, merely from using a gun to do so. Since the "evidence" is the say-so of a neighbor or other witness, it seem tailor made for abuse when a family member or neighbor has a dispute, or just doesn't like guns.

To find the rest of the posts in this series click here.

Posted in: Constitution,Gun Control,Guns,Second Amendment