Last week, Marco Rubio stated that he wanted a “National Red Flag Law” (otherwise known as Extreme Risk Protection Order) funded by the government. Many states have already enacted varying degrees of Red Flag Laws and other states have intentionally stayed away from them. The fact that Marco Rubio feels that blanketing the entire country with this unconstitutional 2nd Amendment infringement by introducing federal funding for the states to enact Red Flag Laws is nothing less than maddening.
What is a Red Flag Law?
Before we go any further, I want to explain the process of a Red Flag Law. A report could be submitted by family member, neighbor, co-worker or anyone else who claims to be personally close to a gun owner. If they state the gun owner is a threat to themselves or someone else based on anything the gun owner said or did (true or untrue) the officers would accept the report. The gun owner will remain unaware that a claim was made against him or her. The claim of potential violence is brought before a judge and if signed, the local law enforcement will take the warrant to the gun owner’s residence and confiscate their guns. Keep in mind, a crime was never committed. A simple report by an individual could result in gun confiscation of a law-abiding American citizen.
What is the stance of the NRA?
Equally upsetting, last March, the NRA stated they back Red Flag Law legislation. Mind you, this is a violation of the 2nd, 4th and 5th amendments of the constitution, the NRA feels that Red Flag Laws will help to keep people safe. Instead of taking a hard-line approach to this constitutional infringement, much like the bump stock ban, the NRA has opened the door to gun confiscation. This is the exact opposite of what we expect from a pro-2A gun rights organization.
Legal gun owner in Maryland is killed during gun confiscation
Last month, a claim was made and a warrant was signed against a gun owner in Maryland. The local law enforcement officers responded at 5am at his house to confiscate his guns. After speaking with them and realizing they were there to take his guns, he reached for his gun nearby to secure it from being confiscated. A struggle took place and the handgun fired without hitting anyone. The other officer shot the man which eventually killed him. This was a law-abiding individual who was described by his niece as someone who would never hurt anyone. Check out this video to fully understand how this happened.
The fact is, Red Flag Laws lack the protection of due process. The gun owner is completely blind-sided throughout each measure that lead up to gun confiscation. I foresee this whole thing getting ugly very fast with many innocent people getting hurt. We live in a country where we are innocent until proven guilty. With Red Flag Laws, the gun owner is guilty until proven innocent. All of this while never committing a crime. If our founders ever did roll in their grave, Red Flag Laws would have them spinning.