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Democrats love talking about “common sense gun laws” which are only common sense to them. To the rest of us, common sense doesn’t have anything to do with it. This is especially clear when we examine the gun control measures they constantly propose. These invariably have nothing to do with the crimes which supposedly trigger those proposals.
The Truth Behind The “Red Flag” Gun Law
One of their initiatives which has been gaining ground recently is the “red flag” law. As of this writing, 13 states have enacted this type of legislation. Additionally, another three have proposed laws in their state legislature. A dozen more states are considering enacting these laws, although there is no actual bill in the legislature. Red flag laws allow law enforcement to confiscate the guns of people who the courts deem to be a threat to themselves or society.
These initiatives have come from both parties. In addition, the NRA supports some red flag bills and opposes others based upon the specifics in each state. What support the NRA does offer to the law comes with a number of caveats designed to protect law-abiding gun owners.
But here’s the problem, there’s no due process involved in these red flag laws. A particular party does have to present specific cases before a judge before the police can take action. However, there is no opportunity for the accused to confront their accuser or make any sort of defense. Yet, this is one of the basic principles of American law that is completely missing from the picture.
The “Red Flag” Gun Law Destroys Second Amendment Rights
As the laws are written and in practice, the gun owner’s Second Amendment rights are stripped from them without proof. The legal principle of being innocent until proven guilty is thrown right out the window. In its place, the gun owner has to prove to the court that they deserve their constitutionally guaranteed right to keep and bear arms.
Thus far, there hasn’t been a test case that I’ve heard of in regard to red flag laws. Nevertheless, there have been other cases in which authorities have confiscated guns from people on court order or even because of police action. In every case I know of, the gun owner has spent more money on the legal battle than what the guns were worth. They’ve had to go through all of this trouble as they simply fight to get their guns back.
All that the courts require in these cases is for someone to bring an accusation of a potential threat, but there doesn’t have to be an actual threat anywhere. Nor does there have to be any proof. Just as with restraining orders and a number of other legal devices, going before the judge is probably nothing more than a rubber stamp of the action that the court will take.
A neighbor, family member, doctor, or disgruntled/estranged spouse can put forth this kind of accusation. Even an anti-gun activist can do this if they want to use the legal system to further their ideology. It doesn’t matter; there are no real limits. As long as someone makes the accusation, the law allows the government to take the individual’s guns from them.
A “Red Flag” Gun Law Tragedy In Maryland
Maryland is one of the states which has enacted a red flag law so far. Moreover, in just over a month, they have confiscated guns from 114 law-abiding gun owners. The state also performed each and every one of these actions without due process. At this rate, it is clear what the real intent of these laws are. They’re not about protecting the innocent but about disarming law-abiding citizens.
Furthermore, the situation has reached a new level of tragedy with the first death of a law-abiding gun owner in connection with the enacting of Maryland’s red flag law. Considering that the law has only been on the books for just over a month, I’m sure there will be many more to follow.
Police bearing a red flag confiscation order served 60-year-old Gary Willis in his home at 5:00 in the morning. Not knowing why anyone was knocking on his door that early in the morning, Mr. Willis took a pistol with him to open the door. Seeing the police there, he then set his gun down.
When they tried to serve the order, Willis became irate, picking his gun back up. One police officer tried to disarm him and a scuffle ensued, during which the firearm discharged without harming anyone. In response to that, the officer’s partner drew his own pistol and shot Willis, killing him.
The “Red Flag” Gun Law Is “Common Sense” For Gun Control Advocates
Let’s be clear about this, the only reason that Gary Willis died was that he was unwilling to give up his guns. He was unwilling to give them up in response to trumped-up charges that the justice system didn’t give him an opportunity to respond to. And a certain person clearly trumped-up the charges. In fact, a member of his extended family made the accusation. Notably, it was someone that he had been in a disagreement with. Willis wasn’t under charges for any crime, nor did the state institutionalize him against his consent. Ultimately, law enforcement officers killed him based upon nothing more than hearsay.
This is where these laws are taking us. One has to give up their guns based on hearsay, or they stand a chance of someone gunning them down for standing up for their rights. Can you believe that they try to call this “common sense”?
A Republican Compromise Should Raise A Red Flag Even In Red States
The really sad thing is that many Republicans, including Speaker Paul Ryan, are willing to go along with passing a nationwide red flag law. They are clearly compromising with Democrats in this regard. Should this legislation pass, the same thing could happen anywhere in our country, even in red states. If that happens, the will of the people as expressed through their elected state representatives won’t matter. Federal law will supersede their rights as politicians continue to sell out to the gun control lobby.
That’s what we’re looking at in the near future. Supposedly, there were enough votes in both the House and the Senate to push that bill through before the mid-term elections. Now, the House is firmly in Democrat hands. As a result, the only person who will stand in the way of this becoming federal law will be President Trump if the Senate caves.
As per usual, if the progressive-liberals can’t get what they want one way, they will try and get it another. This time, it looks like they’ve found a very effective tool to get guns out of the hands of law-abiding citizens. Meanwhile, they leave these weapons in the hands of criminals and gang members. You and I will become the next victims of this law even if no one guns us down in cold blood.
You may also enjoy reading an additional Off The Grid News article: What The Bible Really Says About Guns And Self-Defense
What do you think about the “red flag” gun law and the widespread impact that it could have on American gun owners? Let us know in the comments below.