Most red flag laws that have been proposed both on federal and state levels rely on statements form people that accuse someone of being a danger to others or themselves. No actual evidence is needed besides statements from others about an individual. A judge can issue a warrant for the seizure of a person’s firearms without the need for probable cause. The person whose rights have been violated must then go to court to prove his innocence and hopefully be able to retrieve his property.
How many Constitutional rights do red flag laws violate? Although I am not a Constitutional scholar I can read and from what I can see these laws violate at least four of the Amendments in the Bill of Rights.
2nd Amendment: … “the right of the people to keep and bear arms shall not be infringed.”
4th Amendment: … “the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated and no warrants shall issue, but upon probable cause supported by Oath or affirmation…”
5th Amendment: … “nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.”
6th Amendment: … “to be informed of the nature and cause of the accusation; to be confronted with the witness against him; to have compulsory process for obtaining witnessed in his favor, and to have the assistance of counsel for his defense.”
The politicians and organizations that support this Extreme Risk Protection Orders are not in the least bit interested in protecting others. If they were interested in protecting the person from himself or society then there would be something written into these laws to allow for the person in question to be put into protective custody. Although without due process this would also be a violation of the person’s rights but at least it would show that the law is meant for the protection of others and not just about the confiscation of one’s private property.
Red Flag laws like most “common sense” gun legislation is not about making society safer but only about control. The left’s only interest is to disarm the population because a disarmed populous is much easier to manage. Once the population is unable to defend themselves many of their other God given rights will be restricted as well. We only need to look to Venezuela to see what happens when Socialism takes over and the population is disarmed.