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Look, the problem with red flag laws is simple to understand. One is that there’s no real due process involved. Someone says, “Bill is a threat to himself or others” and a judge simply says, “Alrighty, then,” signs a piece of paper, and now Bill loses his guns. He had no opportunity to respond. Bill didn’t get to tell the judge that Sally just said that because she thinks all gun owners are dangerous. He doesn’t get to reply that she misunderstood something he said. He doesn’t get to explain that she’s just angry at him because of political disagreements between the two.
Bill doesn’t get to say anything until after the fact.
Imagine someone proposing something similar that would prevent someone from accessing the internet or voting without due process? The howls would be everywhere and for good reason.
But as has been noted before, the Second Amendment is a second-class right in far too many people’s minds. They believe it shouldn’t be afforded the same level of protection that other rights enjoy.
Another issue is that there’s absolutely no real punishment for those who use red flag laws maliciously. At best, it’s a slap on the wrist, but let’s understand that what we’re talking about here is a measure that will provide legalized swatting. The police will show up to take people’s guns. Those who use these laws to punish others are depriving folks of their civil liberties. That calls for stiff penalties.
Unfortunately, no one seems willing to put that in a bill.
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A good summary what is wrong with this latest “great idea”!
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