Friday, April 26, 2024

Red Flag Laws – and Why They Should Scare Us All

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When we hear the term “Red Flag” we immediately think DANGER

Danger, riptides, falling rocks, exploding volcanoes – or something that can truly harm us. 

However, red flags, when woven into the law become even more dangerous than any of the immediate physical threats above. They create a legal framework that permits the state to take your – and to do so without due process.

The arguments for these laws, on their face, seem sound, sane, and quite reasonable. 

Politicians call them “extreme-risk protection orders” – who would think that sounds unreasonable? But be assured, these laws are a dangerous abrogation of our constitutional rights – rights like those enshrined in the Second and the Fifth Amendments to The U.S. Constitution – and now wants to impose yet another unconstitutional restriction on the entire nation.

So why are these laws so bad?

  • There is no evidence that red flag laws reduce
  • They violate the due process guaranteed to all Americans
  • These laws put officers at extreme risk
  • These laws are effectively penalizing people for what they might do – not what they have actually done
  • There is often no time-limit on how long the state can keep a law-abiding citizen's firearms

With the as-yet determined legislation pending in the US Senate – we've seen the tout the advantages of red flag laws as a tool – primarily to stop mass shootings. However, there is no evidence that these laws accomplish this goal. In fact, gun has risen in most places where these laws have been enacted – and red flag laws have fallen far short.

Imagine you argue with your neighbor and they know that you or your spouse own firearms, and the next day officers show up at your door demanding that you turn over all of your guns. 

You have no choice, your home is invaded, your rights suspended, and now the burden of getting your property and rights back falls to you. You have no right to an attorney, none will be provided, and any resistance may result in being arrested – or subjected to force. 

Can you imagine the impact this would have on your life? It is an almost unimaginable horror, and it is already taking place in cities and towns in at least 14 states today.

Imagine further the position that law enforcement officers are placed in. They must now enter homes to confiscate firearms from people that have committed no crime. The danger we place our law enforcement officers in as we demand they carry out such a task must be seriously weighed against the benefit. In this case, these laws have shown no positive impact, so the benefit is a mere pipe-dream. Endangering lives in pursuit of utopian dreams is not something that our law enforcement officers signed up for nor deserve – and allowing the federal government to force local law enforcement into such situations is short-sighted at best.

Then there is one of the most disturbing aspects to all of this: taking people's rights away for what they might do. It is clearly reminiscent of science fiction like Minority Report or 1984, but also reminds us of the tactics used by the totalitarian regimes we saw die in the 20th century. How long do you think it will be until a social media post critical of those opposed to means you'll have your guns taken? You wouldn't have to wait at all, because it already happened to a man in Broward County, Florida.

Those who are using the latest tragedy in Uvalde, TX to push for this legislation are the same people who believe all guns should be banned – and confiscated. They are rejoicing as they see their dream being carried out in Canada – where American Constitutional protections do not exist. 

It is not mere hyperbole to draw a line from suspension of rights and the historical tyranny that then falls upon the disarmed – much as was done in Nazi Germany, Soviet Russia,  Communist China, or even more recently in Rwanda.

These laws seem like an excellent solution, and thus we are at risk of being subjected to them as lawmakers from both parties bow to what they perceive as a vast public outcry for them…but it would be a huge mistake.

The danger of such legislation is that once you give the government powers – or in this case, give up your liberty – then you can kiss that liberty goodbye forever.  You can also count on the state to abuse that power from time to time, ruining lives – and continuing to fail in accomplishing the goal of protecting American children. The threat of the state seeking to protect us all cannot be understated.

But an even larger danger looms, as the tools to safeguard our republic are wrested away from every American…

We've already seen red flag laws used by ex-lovers, political opponents – and who else? The state may decide to deem entire swaths of the populace as “dangerous” – then what?

James Fotis
James Fotis
James J. Fotis has a long career of experience as an informed, decisive leader and an analytical, proactive problem solver. He served more than twenty-three years as the Executive Director of the Law Enforcement Alliance of America (LEAA); an association of law enforcement officers, crime victims and concerned citizens. During his tenure, LEAA became a serious influence in the law enforcement community, on Capitol Hill and within the Executive Branch of government.

22 COMMENTS

    • I remember in Maryland, I think, the Police went to this man’s home after his girlfriend or wife filed a complaint on him, when the Police came to his door, he came out with his sidearm on him, and gunfight ensued and he was killed, this is your RED FLAG LAWS, YOU HAVE NO PROTECTION AGAINST THESE PEOPLE LIKE SEN. JOHN CORYN RINO-TX!

  1. If this passes I am afraid the dems will use it as another tool to attack their political opponents! Arson and attempted assignation already being used against Americans!
    Imagine if you will, people taking revenge on someone that makes them mad. Just call and report that the person that “disrespected” or made you made has guns and is dangerous. Not Constitutionally required due legal process and the cops illegals take all of you guns away with nothing ever requiring the guns be returned.
    Call, e-mail or write your elected people to stop this unconstitutional gun grab!

  2. Gun ownership is an impedement to socialists, liberals, Mao types, Stalin types, etc. We cannot allow them to gain an advantage over the citizens. Millions of people have died where that has taken place. There are psychopaths who would gladly take over our country if we would just turn in our guns.

  3. These Rino’s should all be kicked to the curb this November! Enough is enough! They are only trying to appease the liberals!

  4. Without informed citizens like yourself, the rest of us are in peril. While I and supposed others, are always looking for information to stay informed; there aren’t signs that those representing us are coming to rescue us. Instead, it is obvious that those who “supposedly” represent us are selling us off. What can the few do to face and push back to stop the expansion of these atrocities, being committed?

  5. The “RED FLAG LAW” deems a Law abiding Citizen guilty, without proof, without a trial and against our great US CONSTITUTION a Citizen must prove innocence of charges. Just on the word of someone with a grudge!

  6. We should try a solution:
    State law inclusion that would apply to each and every situation in which state law excludes private armed self-protection-
    Government must guarantee that armed protection is offered and in every case it is accepted, it must be provided at the expense of the state. Also if it is local law or statute, at the expense of said locality.
    So, if a red-flag law is applied to a household, the state must pay for certified, bonded and insured professional services for armed protection of that household, 24/7! ***BOOM***

  7. Here’s the truth about Democrats and gun control. Democrats invite the tragedies to further their goal of gun confiscation and refuse any action to prevent those tragedies. In 2013, the Grassley-Cruz bill targeted felons, fugitives and those with serious mental illness to prosecute them if they illegally tried to buy guns. Even though the majority of the Senate approved it, the Democrats filibustered it and the bill died.

    Now we have the Uvalde massacre and Chuck Schumer refused to advance a bi-partisan bill that would have outlined the “Best Practices” that have been identified (after Sandy Hook) to implement in all schools that would prevent these needless killings; such as one controlled access point only, armed Resource Officers, or allow (not mandate) teachers who are trained to have concealed carry. Biden also says he is against these common sense solutions. Any one of the measures would have prevented the tragedy at Uvalde, in fact, they have prevented three mass casualty events since 2018 in schools that have implemented some or all of these “Best Practices”. Just a few days ago, in Gadsden Alabama, another school shooting was avoided because all the doors were locked and an armed Resource officer shot and killed the potential shooter. Of course, none of the media reported that story. Tell everyone. It is disgusting and abhorrent that the Democrats refuse such simple solutions in favor of advancing their anti-constitutional ideology whose ultimate goal is gun confiscation. In fact 98% of all mass shootings occur in “gun free” zones. “Red flag” laws are equally unconstitutional in that they allow no due process, are administered arbitrarily and can be used in retaliation or politically. The Supreme Court has already said (in a rare 9 -0 vote) that they are uncostitutional but Democrats and RHINO Republicans are attempting and “end around” by enticing states with Federal money to enact their own Red Flag laws.

    Their new gun control bill making its way through the house is called the “protect the children act”. Obviously, their defund the police and “no bail” policies show they don’t care about the dozens children that are killed in drive by shootings in our cities every year. The don’t care about children that become sex slaves as they are trafficked across our open border by the cartels. They are willing to abort babies up to and after the moment of birth. That’s not abortion, it’s murder. This is pure evil and anyone who can’t see that is blind and complicit.

  8. We can call them:
    Blue Shield Laws
    If parents at a school complain about lax security, a certification process is initiated that must guarantee that armed protection is in place that is adequate for the protection of children during all operational hours, including the sporting events.
    Get security companies (let’s all invest in publicly traded security firms now, their stock is going up with the passage of ***Blue Shield Laws***)
    If a patron of a state regulated liquor store is armed (concealed carry included) and the store manager can’t certify adequate armed protection services are in place, that man or woman is legal for the duration of the visit.
    If you’re taking one’s inalienable right to self protection, you are providing armed protection every time.
    That’s what I mean by passing . . . *** Blue Shield Laws ***

  9. The answer to your version of “1984” is real easy—in “fast and easy” terms everyone will understand = CIVAL WAR #2!!!! and the local police will take the “bad guy” position because of the decisions of idiot law makers not willing to obey the existing laws and put “law breakers” in jail and throw away the keys!!!! This is my opinion and I know what it is worth!!!! None of our legislators (law makers) are listening especially here in california, the federal legislators are no better—-the cal national guard should be ready and they better come locked and loaded—-this BS (Bad Situations) are not good for anyone!! Ask our Founding Fathers and check out our Constitution—2nd Amendment!!!

  10. This bill is a direct assault on the constitution and the American people. It is time for the second amendment to be put into full operation, NO QUARTER.

  11. It is truly too bad we in America do not have “FREEDOM OF SPEECH”!!! If you object to what I’ve written, maybe you should reread the original article you posted—-that is objectional if anything is!!!!

  12. The 2nd Amendment is probably the least adhered to Amendment of the Construction and It is in bad need of being updated.
    1) The term Militia needs to be clarified to mean Legal.
    2) In today’s society, other organization should be brought under the umbral of this term.
    3) Anyone who is a member of a Legal Militia Must drill on a regulated basis under a Qualified Certified Official.
    4) Military grade weapons should ONLY be part of the training and Armory of these Legal Militia to be used ONLY in designated types of operations under the designated leadership chain of command.
    5) We have NO laws about ownership for these Military grade weapons, but the 2nd Amendment Does restrict Who can carry them in public. Anyone found carrying one of these weapons outside of the parameters of the 2nd Amendment would have it and ALL ammunition Confiscated and the owner to be accessed a Very Heavy Fine.
    6) The Assault weapon ban should be reinstated PERMANETERL with the only exception is When this country is invaded by another Army, like the conditions found in the Ukraine today.
    7) All Firearms owners should be required to have a license and show proof of Need verified by law enforcement and a mental health exert, Training and Insurance covering Loss, Theft and Liability to cover all damage resulting from the use of the weapon including medical, death expenses and legal fees. This would protect the owner as well as the public. Law enforces need not have access to this information until a clime is made. The information would be provided to to Law enforcement by the insurance company at the time a clam is reported.
    8) All firearms sold MUST go through a Likened Gun dealers shop as primary sailor or intermediary seller by individuals for legal transfer of tidal.
    9) Today, it is only fair that Firearms should be insured the same a motor vehicles. We have More deaths recorded today by firearms than mote vehicles.
    10) Firearm Safety training on an annual bases showing the proper care , operation and locked storage with a locking mechanism that would prevent accidental discharge, trigger locks and locked storage lockers. Firearms and ammunition should Never be stored in the same locker.

    • Define “military grade” weapons. I ask this because a Colt revolver was once military issue.
      I actually read what you wrote. You tried to sound intelligent but you fell way short on your knowledge on guns and their use. You are a straight out anti gunners.
      Just so you know, there us no difference in ballistics, or capacity of a Ruger mini 14 and an AR 15.

  13. I am keeping my pistol and me permit and I do not give a damn what the government or the state has to say. I am going to defend myself and my family when need to arrives. If you want to do anything, get the thugs and crooks off the streets and the guns off the streets and you won’t have to worry about taking personal guns from regular people who are not on the streets killing.

  14. “There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.” ~Ayn Rand, “Atlas Shrugged”

    Remember in November.

  15. Red Flag laws can work. However, there needs to be safeguards built in for innocent gun owners. Limitations on how long guns can be kept and recourse/ punishment for false or retalitory accusations. That and attorneys/advocates must be appointed for the accused plus reimbursement if accusations are unfounded.

  16. Red Flag laws allow the seizure of ones firearms without due process. Same as the Jan K6th Commission, which is illegal. This Kangaroo Court, doesn’t allow for cross-examination, so what one gets is propaganda and disinformation. For Arguments sake, lets say one has an argument with his neighbor. The neighbor knows that this person has guns in the house. Neighbor calls the cops, and says, I just had an argument with my neighbor, and I am in fear of my life, because he has guns in the house and he is liable to shoot me. Just on that alone, the cops would be able to come in and seize that persons firearms. Not only will red flag laws be used for the intended purpose, these laws will be abused and used to seize a persons firearms, just because they can, The victim in all of this will probably have to pay a high priced lawyer to try and get that persons firearms back..

  17. Red flag laws could save lives. But in reality, they are used to immediately disarm gun owners with out due process. A person who knows their neighbor owns a gun or guns, can simply call a tip line and get the guns confiscated. They can claim the person has made threats, waved guns around, etc. The fees to get guns back are all on the owner. Also, the process can take months. In the meantime, the owner is viewed as a threat to public safety, and quite often, names and addresses of flagged people are “accidentally” published in local papers.

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