What are red flag laws? Red flag laws are another unconstitutional way to circumvent the Second Amendment. After a mass shooting at the Connecticut Lottery, Connecticut became the first state to adopt a red-flag law in 1999. California, however, is the first state to adopt a version of this law in 2014. It is the model for laws across the country. Family members and law enforcement officers can petition courts to seize weapons from people they consider a threat. Red flag law is a hot topic.
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The Red Flag Law Debate
Red flag laws, also known as “Extreme Risk Laws,” are a bit like the movie Minority Report. The idea is that family members and law enforcement attempt to predict whether an individual is a threat. If they are found to be a threat, the firearms will be temporarily removed. However, the possibility of permanent or longer-lasting removal is real.
It is predictive profiling that is based on what the individual has posted to social media. Other indicators include recent patterns or threats or acts of violence, dangerous past behaviors with guns, substance abuse and recent firearms and ammunition acquisitions.
Although social media isn’t usually listed as a red flag in legislation, the first thing that is discussed after a shooting is the shooter’s social media. A CNN article recently suggested that students be aware of “leaking” behavior and cites a Facebook post.
“A few days prior to the November 30 school shooting at Oxford, Michigan, the suspect, aged 15, posted an Instagram photo of a gun with the caption: “Just got mine new beauty today.” According to Karen McDonald, Oakland County Prosecutor, SIG SAUER 9mm.”
This is where the problem lies. If a social media post such as the one above is accompanied by the “recent firearms acquisition” indicator–red flag. You might be out with friends celebrating and post a photo–red flag indicating substance abuse.
Our civil liberties are at risk from abuse. Red flag laws can lead to a lifetime of profiling if a family member is against a particular post. Your Second Amendment can be suspended with the possibility of permanent consequences.
Real Talk Discussion
To get feedback from readers, we recently posted a discussion on red flag laws to Facebook. Red flag laws can be misused, as we have already mentioned. Perhaps an ex-spouse, or anti-gun family member. Maybe you had a fight with a family member and they are trying to get revenge. No matter what the reason, the risk is real. Many people voice concern in the red flag law debate.
As one reader states, “Far too subject to abuse, from [ex-spouses]/girlfriends, enemies, and a-holes.
“Besides that, there have been many instances in the past 3-4 years where school administrators and police were given serious warnings about a dangerous person, but they did nothing. Then, a school shooting occurred. They’re not serious about stopping shootings.
“Seems like they’d only serve to target and intimidate 2A supporters.”
The debate isn’t so simple.
Another reader pointed out that “[It’s] damned if [you] do it, damned [if] not issue.”
“Could it save life?” If used correctly, yes.
“Would it ever be misused/misused?” Definitely.
“Does it violate our legal rights to be found guilty before being punished[?]?” Yes, 100%.
“So, I would have to say NO red flag laws.”
Discussion tends to focus on the negatives of red-flag laws. Another reader stated that red flag laws are too easy to abuse.
One reader pointed out the dangers of such laws. “I can almost [guarantee] that a lot of people will be injured or killed.” This is not just about gun owners, but also those who disarm them. Many of them won’t go down quietly. It’s dangerous.”
However, not everyone agrees, as one reader stated, “Absolutely necessary!”
Case in Point
Despite the possibility of abuse, the system seems to have fail-safes. A Sacramento Bee article details a Colorado woman who is facing perjury charges. Susan Holmes claimed that the officer who shot her son while he was charging him with a knife was her father in order to file a red flag petition against him.
According to the Sacramento Bee article, “Holmes filed Jan. 9 a court petition for an extremity risk protection order against Philip Morris, Colorado State University Police officer, McClatchy News previously reported.”
9News reports that “the law allows immediate family members, household member or law enforcement officers to file petitions requesting that guns be taken from someone on the grounds that they are a danger to themselves and others.” If the judge agrees, the guns can be taken away for one year.
“Holmes & Morris don’t have a baby together, but she checked the state petition box that asked if they had a child in common – her 19-year-old son, Jeremy Holmes.”
It remains to be seen if these fail-safes work in all cases. There is still cause for concern about abuse, especially when it comes to family members. It is, however, somewhat comforting to know that there are failsafes to protect you from abuse by people outside your family.
Are you in a Red Flag Law Law State?
As of the writing of this article, there are currently 20 states that have red flag laws.
California (2016)Connecticut (1999),Delaware (2018)Florida (2018)Hawaii (2018)Indiana (2018)Maryland (2018)Massachusetts (2018)Nevada (2018)New Jersey (2019),New York (2019),Oregon (2018)Rhode Island (2018)Vermont (2018)Washington (2016)Washington, D.C. (2019),New Mexico (2020),Virginia (202020) Anti-gun lobbyists are working hard to change that. Red flag laws are dangerous on two fronts, the First and Second Amendments. Lobbyists want to eliminate both. No matter where you stand on red flag laws, you should be concerned about their implications for all rights.
One reader commented in our Facebook discussion that “I’m good enough for the country to defend it for years, but if I say anything wrong with red flag laws I could forever lose my right to defend myself.” These laws not only take away your 2nd amendment rights, but also take away your 1st Amendment rights.
No matter how politically active you are, if your concern is about your rights, you should contact your congressman to let him know. This is a way to weaken our Second Amendment, no matter how they portray it. Whatever you do, ensure that you know who and where you are voting for when you vote.
Don’t forget, if your representative doesn’t express your opinion, you could be subject to the willful actions of people like these:
“Really, SUCKS to pretend that you are a tough guy, but knowing deep down that you will CERTAINLY be eligible for a Red Flag, huh?
“Scared little boy with toy he shouldn’t have… Poor baby!”
“Look at all the rednecks scared to death who KNOW they will be ‘flagged’!”
“Bwahahahahahahahahaha.”
Personal Defense World’s Red Flag Law Debate remains a hot topic.
