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Red Flag Laws

Red Flag Laws
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Red flag gun laws, we have all heard of them on the news along with a all the reasons why they should be enacted but seldom do we hear what they entail and how grossly unconstitutional they really are.

The guise of "public safety" has long been a fan favorite of legislators that cannot find a legitimate reason to substantiate their motive for stripping citizens of their constitutional rights. Of course, there is a long history of limiting that which shall not be infringed, from the National Firearms Act to the banning of "high capacity" magazines.

Apparently, it is not enough and now we are introduced to a new beast; if you cannot limit it why not just take it? Red flag gun laws, for those who did not know, allow a person to submit a claim that an individual is a risk to themselves, others, or engages in high risk behavior and should not be allowed to possess firearms. The claim does not need direct evidence and the order can be filed simply from the allegations. Once the order (ex parte order) has been approved, law enforcement agencies are permitted to seize any and all firearms that person is in possession of and the person is then barred from having a firearm in their possession. The individual who must relinquish their firearms may not even be made aware that the order was filed, even without notice they are legally required to oblige with the order. After a designated period of time a hearing will be held to determine whether or not the individual is fit to possess firearms, this must be proven beyond a reasonable doubt. After the hearing the individual will either have their firearms returned to them or the order will be extended.

This is inherently unconstitutional as it violates the second, fourth, fifth, sixth, seventh, and fourteenth amendments. These laws are a stepping stone to eliminating due process and the belief that a citizen is innocent until proven guilty. If the concern was legitimately that of public safety than those have these claims filed against would need to be placed into psychiatric evaluation to prevent immediate harm. Seeing as that is not the case one can only deduce that these red flag laws only serve the purpose of disarming the public.