Opinion
By Matt Ball
Red Flag laws, what is it? Why is it sweeping the nation, one state at a time? Let’s take a look.
Red Flag laws, otherwise known has Extreme Risk Protection Order (ERPO) or Gun Violence Protection Orders (GVRO). Are the newest tactic to get guns out of people’s hands. “Leave my guns alone.” Might be your first thought, let’s dig in and see just what they consist of.
Currently, (May 11th 2018) the following 9 states have voted in Red Flag laws:
California
Connecticut
Delaware
Florida
Maryland
Indiana
Oregon
Vermont
14 other states are in progress, more states, and Federal are writing bills to be introduced!
The idea behind Red Flag is actually not bad. Which is by due process (we’ll get into that in a minute.) Temporarily taking guns from high risk, to self or others, individuals.
Due process has always been the loophole to get around any rights that is protected by the Bill of rights. Meaning, officially charged, court date and results.
The states that have passed the Red Flag laws have followed this. Most commonly, when charged you surrender all guns, and within 2 weeks you have a court date. If found guilty they suspend your 2nd amendment rights upward of a year, then another court date to see if your able to get those rights back. Details vary per state.
Like all laws, the devil is in the details. Colorado, for instance passed a bill through the house to use a secret court to judge a person. Thankfully their state Senate saw it has a violation of due process. Other states have it so the person in question have to submit to mandatory psychiatric care. In my opinion, it’s a crap move that would automatically take a individual 2nd rights away due to “involuntary mental health”.
To wrap it up, they’re good to temporarily take guns away from a potentially harmful person. Which can very quickly, and expensively trample on a person’s rights.
My meager opinion, a person needs to bring actual evidence to a magistrate to issue a warrant. The warrant is only to seize guns and a court date within 2 weeks. At the court date, a time limit of 6 months until next court date to see if the person has followed all protection orders. No mandatory mental eval, only voluntary. Followed by the bill is only in effect for max of 5 years, then revisited to see if it’s affects are has intended.
Personally I don’t believe this Laws wouldn’t stand constitutional muster. If someone had the balls and 💴 the money to take to the case to the supreme court. So according to what I know of these law all someone had to walk in court and say this individual is dangerous and unstable or deeply depressed And could take gun away without a having therapist saying this these law should be struck down now!