What are red flag gun laws? If you don’t know or haven’t heard of them you will soon. Red flag laws are also called Extreme Risk Protection Orders (ERPOs). Under these provisions law enforcement has the ability to take/confiscate an individual’s firearms; not after a trial or court hearing but simply on the word of a family member, friend or associate. These laws completely violate due process. People are now guilty until they prove themselves innocent. A law that assumes guilt is in violation of due process.
For a better understanding of due process look here. In general, due process guarantees the following.
- Right to a fair and public trial conducted in a competent manner
- Right to be present at the trial
- Right to an impartial jury
- Right to be heard in one’s own defense
- Laws must be written so that a reasonable person can understand what is criminal behavior
- Taxes may only be taken for public purposes
- Property may be taken by the government only for public purposes
- Owners of taken property must be fairly compensated
If you are thinking this is some weird far-left democratic idea, think again. These red flag laws have been passed by thirteen states so far and are enjoying bipartisan support in Congress. They have several prominent Republican Senators who are in support of such laws and are crafting legislation. The Trump administration has even signaled their support for these laws.
In an article that is linked below on this topic, the author makes a great point about Progressivism. We need to pay attention to it.
“A century’s worth of Progressivism has normalized universalist ideas such as economic controls, big spending, never-ending wars, and now, gun control.” The problem is an ideologic one and simply put, many of our elected Republicans are believers in these progressive ideas.
You can read more on this topic here.