Weekly Opinion Editorial
RED FLAG LAWS ARE
PRECRIME!
by Steve
Fair
A ‘red flag law’ is a law
that permits police or family members to petition the state court to order the
temporary removal of firearms from a person who they perceive to present a
danger to others or themselves. The laws
are called ‘Extreme Risk Protection Orders,’ ‘Risk
Protection Orders,’ “Gun Violence Restraining Orders,’ depending on the
state. There are seventeen states and DC
that have some form of ‘red flag laws,’ up from just five two years ago. Red
Flag Law’s constitutionality has been challenged and it has been ruled they did
not violate the right to keep and bear arms.(Redington v. State of Indiana),
but it is certain it will make its way to the Supreme Court.
At the federal level, Senators
Lindsey Graham, (R-SC) and Richard Blumenthal, (D-Conn) have introduced a bill
that would offer state’s money if they implemented a ‘red flag law.’ Six Republicans have indicated they would
support some form of a Red Flag Law, so it is likely it will get past the
Senate and the Democrat controlled House.
Would President Trump sign or veto it?
If he doesn’t sign it, is there enough support to override a veto? Probably not.
Immediately after the El Paso and Dayton shootings, the president appeared
to support red flag laws, but it appears he is not as enthusiastic. Senator Jim Inhofe, (R-OK) has said the issue
should not be dealt with at the federal level, but by individual states. Governor Stitt has said he doesn’t favor ‘Red
Flag’ laws. Three thoughts:
First, gun violence will not
be curbed by passing more legislation.
There are already thousands of laws(local, state, federal) on the books
regarding guns, many that are not enforced.
Criminals don’t obey laws, so the only person restricted when more laws
are implemented is law abiding citizens.
Second, ‘red flag laws’ are
not about mental illness. Only one of
the seventeen states’ laws mention mental health. Red Flags rely on the prognostication premonition
ability of what a person may do before they do it. It’s real life PreCrime(Minority Report
movie). It might make good
entertainment, but no one is psychic and can predict the future. A fundamental question is who holds the ‘red
flag’ and what is their criteria for raising it?
Third, liberty can be
messy. The second amendment makes it
difficult for the neutralizers on the left.
The second wasn’t put into the US Constitution for duck hunting, but to
protect individual liberty. When
lawmakers restrict liberty for the criminal, they restrict liberty for everyone
and the only person who complies is the honest citizen. After 9/11, the people inconvenienced at the
airport by the Patriot Act, walking around in their sock feet, were the compliant.
Americans
should want instruments of defense in their possession, not in the hands of
government. Knee jerk legislation in response to tragic events
are never a good idea. No one wants to see another mass shooting, but slicing
off our liberty to prevent one is not the right solution. Benjamin Franklin
once said: “Those who would give up essential liberty, to purchase a little
temporary safety, deserve neither liberty nor safety.”
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