Big Push for Red Flag Laws Without Due Process After Mass Shootings


The left has cowed the right once again. While they make no mention of the Dayton killer’s demand for more gun laws or the Gilroy killer’s radical Islamic literature, they demand every person on the right condemn the anti-immigrant killer — who holds some strong leftist views — for his white supremacy, as if conservatives somehow caused this by word and deed.

For a penance, the right must now demand more gun laws. The Red Flag laws are a high Democratic priority and some on the right are now falling in line. While President Trump has supported them, he has insisted they include due process. That is not what’s happening.


Our gun rights, our inherent rights, face the greatest threat yet with these Red Flag Laws and the left is putting them in place, state by state.

Those are the laws that allow relatives, friends, sometimes neighbors or co-workers to file a complaint about a person they believe shouldn’t have a gun. Then a law enforcement officer takes the person’s guns away without due process. A judge will eventually decide on the disposition after the fact, and the gun owner will have an extremely difficult time getting his/her rights back.

Red Flag Laws basically take a person’s due process rights away. The targets are guilty unless they can prove themselves innocent.

Twenty-two states now have these Red Flag Laws.

The NRA says they support these laws if due process is protected. According to National Review Online, the NRA’s position is:
  1. Anyone subject to an ERPO [Extreme Risk Protection Orders] should have the opportunity to challenge the order with full due-process protections in place.
  2. An order that confiscates firearms should only be granted when a judge makes the determination, by clear and convincing evidence, that the person poses a significant risk of danger to themselves or others.
  3. The judge should concurrently make a determination of whether the person meets the state standard for involuntary commitment.
  4. Whether or not the person meets the state standard for involuntary commitment, the person subject to the ERPO should receive mental-health treatment.
  5. The process should allow firearms to be retained by law-abiding third parties, local law enforcement, or a federally licensed firearms dealer when an individual is ordered to relinquish such firearms.
  6. There should be a mechanism in place for the return of firearms upon the termination of an ERPO.
  7. The process should include criminal penalties for those who bring false or frivolous charges.

In addition to due process rights, the last one is extremely important.

So far, no state passing these laws has followed the NRA guideline and the laws that are about to pass in Tennessee and Texas do not include these rights.

These laws, in particular, are dangerous. They are the camel’s nose under the tent.

Never give up due process.

The Red Flag Laws would have made no difference in any of these three recent cases. Every killer got their guns legally and not one was on the radar. That is true of most. Others are often slip-ups by the FBI check system.

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4 years ago

What could possibly go wrong. Civil Asset Forfeiture worked to stop drug dealers with no ill effects, No?