‘Red Flag’ Laws and Their Awful Consequences

By Matthew Larosiere Matthew Larosiere

Since the horrific murders in Parkland, just minutes from my
hometown in South Florida, our country has seen a renewed push for
more restrictive gun laws. Assault weapon bans, restrictions on the
storage of firearms, and pushes for every type
of gun law appear at both the federal and state level. While most
of these propositions have fizzled out, red flag laws—those
allowing police to pre-emptively confiscate a person’s
firearms—have exhibited the most staying power.

The orders resulting from these laws are known as “gun
violence restraining orders.” While these laws certainly have
a reasonable basis, the way such laws have been implemented in many
states poses serious legal, and prudential concerns.

The Constitutional guarantee of due process is the most commonly
cited concern in the implementation of red flag laws. Most of these
laws reflect a view of due process shown by Donald
Trump in 2018 when he quipped, “take the guns first, go through due process
second.” The problem here is the first word of “due
process:” legal process is “due” before the
government takes someone’s “life, liberty, or
property,” not after.

Far from stopping
preventable murders, these laws bring up more red flags than they
solve.

In 2018, five states had laws that fit the bill of a typical
“red …Read the Rest

Source:: Cato Institute