Red Flag Laws: Examining Guidelines for State Action

By David B. Kopel David B. Kopel

“Red flag” laws or “extreme risk protection
orders” have been enacted in several states. While the idea
for these laws is reasonable, some statutes are not. They destroy
due process of law, endanger law enforcement and the public, and
can be handy tools for stalkers and abusers to disarm the innocent
victims.

Nearly a third of such orders are improperly issued against
innocent people.

The Conference of Chief Justices asked the Uniform Law
Commissioners to draft a national model red flag law, but the
Giffords organization blocked the effort-lest it offer an
alternative to the extreme and reckless system being pushed by
Giffords and related groups, most notably the Bloomberg
entities.

When Confucius was asked what would be the first step if a
government sought his advice, he answered, “It would
certainly be to rectify the names… . If the names are not
correct, language is without an object.” ANALECTS, 13:3.
Bills that claim to be about “Extreme Risk Protection
Orders” are not correct; the bills cover much lowerlevel
risks, or just “a danger.” Likewise, the term
“red flag” is dubious because some bills label as
dangerous the peaceable exercise of constitutional rights. A more
accurate name for these laws is “gun confiscation
orders.”

Such orders can be legitimate when fair procedures accurately
identify dangerous individuals. Such laws include the following
features:

• Petitions initiated by law …Read the Rest

  Source:: Cato Institute