Another problem with anti-gun “red flag” laws is the ways such laws will be abused for political reasons.
If you’re a conservative or libertarian who’s known to be a gun owner, if you make comments critical of the current regime, what stops someone who hears those comments and detests your politics from trying to “red flag” you? Especially if you live in an area with anti-Second Amendment police, prosecutors, and judges?
Remember, according to this Obama-era report, these are some of the characteristics that might qualify someone as a “potential domestic terrorist” according to the federal government:
Expressions of libertarian philosophies (statements, bumper stickers)
Second Amendment-oriented views (NRA or gun club membership, holding a CCW permit)
Survivalist literature (fictional books such as “Patriots” and “One Second After” are mentioned by name)
Self-sufficiency (stockpiling food, ammo, hand tools, medical supplies)
Fear of economic collapse (buying gold and barter items)
Religious views concerning the book of Revelation (apocalypse, anti-Christ)
Expressed fears of Big Brother or big government
Homeschooling
Declarations of Constitutional rights and civil liberties
Belief in a New World Order conspiracy
Sure, in the Trump era, any Homeland Security push in this direction seems to have stalled (though we can reasonably wonder why Antifa isn’t a major focus). But Trump won’t be president forever.
Looking at the New York state “red flag” law–not merely a proposed law, but a bill signed into law by an anti-gun governor in February 2019–any “family or household member,” plus prosecutors, school administrators, etc. can ask a judge for an ex parte “red flag” order.
Once such an order is issued (again, without the gun owner being aware of it):
“A law enforcement officer serving a temporary extreme risk protection order shall request that the respondent immediately surrender to the officer all firearms, rifles and shotguns in the respondent’s possession and the officer shall conduct any search permitted by law for such firearms. The law enforcement officer shall take possession of all firearms, rifles and shotguns that are surrendered, that are in plain sight, or that are discovered pursuant to a lawful search. As part of the order, the court may also direct a police officer to search for firearms, rifles and shotguns in the respondent’s possession…”
Imagine how this will be abused. How many nasty divorce cases when at least one spouse is a gun owner will not include allegations–real or fabricated–designed to produce a “red flag” order? Even President Trump, who’s wishy-washy on the Second Amendment, was able to spot the problems here.
Thanks for writing and posting this.
Another problem with anti-gun “red flag” laws is the ways such laws will be abused for political reasons.
If you’re a conservative or libertarian who’s known to be a gun owner, if you make comments critical of the current regime, what stops someone who hears those comments and detests your politics from trying to “red flag” you? Especially if you live in an area with anti-Second Amendment police, prosecutors, and judges?
Remember, according to this Obama-era report, these are some of the characteristics that might qualify someone as a “potential domestic terrorist” according to the federal government:
Sure, in the Trump era, any Homeland Security push in this direction seems to have stalled (though we can reasonably wonder why Antifa isn’t a major focus). But Trump won’t be president forever.
Looking at the New York state “red flag” law–not merely a proposed law, but a bill signed into law by an anti-gun governor in February 2019–any “family or household member,” plus prosecutors, school administrators, etc. can ask a judge for an ex parte “red flag” order.
Once such an order is issued (again, without the gun owner being aware of it):
Imagine how this will be abused. How many nasty divorce cases when at least one spouse is a gun owner will not include allegations–real or fabricated–designed to produce a “red flag” order? Even President Trump, who’s wishy-washy on the Second Amendment, was able to spot the problems here.
This will not end well.
Also:
https://hardcoreconservatives.com/read-blog/26_red-flag-laws-don-039-t-think-for-a-minute-this-can-039-t-happen-here.html