The problem with Red Flag Laws

We have seen a tremendous push towards passing so called “Red Flag” laws. These laws would allow authorities to take away the guns of a person who has not committed a crime based on testimony by someone else claiming that the person is a threat to themselves or to society.

On the surface this might seem like a good idea. We can prevent a mass shooting or other catastrophic event by simply taking away the tools from the person that will commit them. However, red flag laws are a clear violation of the Second, Fifth and Sixth Amendments to the US constitution:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Second Amendment to the US Constitution

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, 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.

Fifth Amendment to the US Constitution

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Sixth Amendment to the US Constitution

Red flag laws enable the government to take away guns from persons whom have not committed a crime, without proper due process or a trial. Only after the authorities have removed your guns from you can you then go to trial and fight to get them back.

We understand the need to protect ourselves from those who seek to perpetrate evil against us. In fact, that is the point of the second amendment – to allow us to keep and bear arms for our protection. This was upheld in the Heller case, where the supreme court held that the Second Amendment guarantees an individual right to possess firearms independent of service in a state militia and to use firearms for traditionally lawful purposes, including self-defense within the home.

In order for our Constitutional Republic to survive we must abide by the constitution. We don’t get to pick and choose when the constitution applies and when it does not.

Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety

Benjamin Franklin