Lindsey Graham Ignores Due Process Realities With Red Flag Laws

By Tom Knighton

Sen. Lindsey Graham is apparently one of the Republican fans of red flag laws. While President Trump may well have pointed out the big problem with them through a tweet about Chris Cuomo, not everyone got the memo. Among those, Sen. Lindsey Graham.

However, while defending his position, Graham is ignoring a lot of other things.

Over at Reason, they took note of some of those failings. In particular, Graham’s claim that red flag laws mean people get their day in court.

Graham did not mention that the standards for involuntary psychiatric treatment are notably stricter than the standards for taking away people’s guns under red flag laws. Under Florida’s Baker Act, for example, the state has to show by clear and convincing evidence “a substantial likelihood” that a candidate for commitment, because of “mental illness,” will “in the near future…inflict serious bodily harm on self or others, as evidenced by recent behavior causing, attempting, or threatening such harm.”

Florida’s red flag law, by contrast, authorizes a judge to issue a final gun confiscation order, which lasts up to a year (and can be extended), when there is clear and convincing evidence that “the respondent poses …Read the Rest

Source:: Bearing Arms